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HomeMy WebLinkAboutICA Record on Appeal - Part 4 of 4 Electronically Filed Intermediate Court of Appeals CAAP-17-0000050 25-APR-2017 11:07 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 4 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 r SPP No. 12-000138 Page No. 002651 256 BEFORE HEARINGS OFFICER SANDRA SONG COUNTY OF HAWAII In the Matter of Connection New ) SPP-12-000138 Century Public Charter School and ) Community Based Education Support ) Services ) Special Permit Application No. ) VOLUME II 12-000138 ) T R A N S C R I P T 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 : 07 a.m. on October 22, 2013 . HEARINGS OFFICER: SANDRA SONG, ESQ. 10 Kamehameha Avenue Hilo, Hawaii 96820 REPORTED BY: M. Sharon Souza, CSR No. 184 SPP No. 12-000138 Page No. 002852 257 1 2 3 For the Applicant TED H. S . HONG, ESQ. 4 101 Aupuni Street 5 Penthouse Hilo, Hawaii 96720 6 and CARTER K. SIU, ESQ. 7 Deputy Attorney General 235 S . Beretania Street 8 Suite 304 Honolulu, Hawaii 96813 9 For the Planning AMY SELF, ESQ. 10 Director Deputy Corporation Counsel 333 Kilauea Avenue 11 Second Floor Hilo, Hawaii 96720 12 Pro Se Jeff Gomes 13 281 Edita Street Hilo, Hawaii 96720 14 15 16 1-7 18 19 20 21 22 23 24 25 SPP No. 12-000138 Page No. 002853 258 1 2 3 4 I N D E X 5 Witness Name Direct Cross Redirect Recross 6 7 MELVIN YOKOTA 318 325 329 8 MING PENG 332 335 9 ALLEN NOVAK 338 344 10 WAYNE KANEMOTO 345 352 358 11 TERRENCE YOSHIOKA 360 384 12 DANA KENNY 386 392 13 14 15 16 17 18 19 20 21 22 23 24 25 SPP No. 12-000138 Page No. 002854 591 2 3 4 THE HEARINGS OFFICER: Good morning. This is 5 the continuation of the public hearing for special 6 permit application SPP number 12-00138 , in the matter 7 of the Connections New Century Public Charter School 8 and Community Based Education Support Services . This 9 hearing began yesterday, and this is a continued 10 contested case hearing. 11 I 'm Sandra Song the hearings officer . Can 12 each of the parties identify themselves? 13 MR. HONG: Good morning, my name is Ted Hong. 14 I represent the applicant, CBESS . I note for the 15 record that Mr. John Thatcher representing Connections 16 School is also here . Seated to my right is 17 Sue Lee Loy from my office. 18 MR. SIU: Good morning, Deputy Attorney 19 General, Carter Siu, here on behalf of applicant, 20 Connections . 21 MS . SELF: Good morning, Deputy Corporation 22 Counsel, Amy Self here on behalf of the planning 23 director. 24 MR. DOMES: Jeff Gomes . 25 THE HEARINGS OFFICER: Good morning, all of SPP No. 12-000138 Page No. 002855 260 1 you. 2 Since under the Planning Commission rules at 3 the start of every hearing, I 'm required to take any 4 public testimony. One person has signed up to 5 testify. If any person sitting in the audience wants 6 to testify as a member of the public, please sign this 7 form now. 8 Would the record reflect no response, but I do 9 have one person, Pauline Keala Lee Loy -- would you 10 like to come up forward? 11 Thank you. Can you raise your right hand? 12 PAULINE KEALA LEE LOY 13 called as a witness on her own behalf, after having 14 first been duly sworn, testified as follows : 15 Thank you . Can you give us your name and your 16 address? 17 MS . LEE LOY : Absolutely. 18 Good morning. My name is Pauline Keala 19 Lee Loy. I 'm a resident of 1579 Mele Manu Street 20 where we have resided for seventeen years . I ' ve 21 worked as a teacher and administrator in both, public 22 and private schools for the last thirty-four years . 23 First and foremost, I commend Mr. Thatcher as 24 a school leader and pioneer of nontraditional 25 education. The accolades of both his staff and the SPP No. 12-000138 Page No. 002856 61 1 students are representative of his visionary 2 dedication to education. There is absolutely no 3 question about the quality of education that the 4 school offers the island community. 5 I am in opposition of the location of 6 Connections Public Charter School to Edita Street 7 because of the imminent traffic disasters . Edita g Street off of Kaumana Drive, which leads to Mele Manu g Street, simply cannot accommodate the volume of 10 traffic that the proposed development will bring. 11 The opening of the Puainakc Street pathway 12 from the Saddle Road to Komohana has certainly 13 alleviated some of the traffic patterns on 14 Kaumana Drive for those heading to West Hawaii . 15 However, a project or program of this magnitude will 16 restore this traffic. If such a project, any project, 17 would be approved at this Edita site, a third lane 18 turn off and traffic light would need to be installed 19 to prevent deadly accidents . 20 The proposed project has simply selected the 21 wrong site for its vision. What is alarming is that 22 the school already invested much of its resources in 23 preparing the site for its use even before all legal 24 matters have been settled. It is a poor display of 25 doing the right thing at the right time for the right SPP No. 12-000138 Page No. 002857 62 1 reasons . Transparency and accountability is the 2 utmost importance for any institution, public 3 institutions, particularly. 4 Thank you. 5 THE HEARINGS OFFICER: Thank you very much. 6 And you provided written testimony? 7 MS . LEE LOY: Yes, I have . 8 THE HEARINGS OFFICER: Darryn, do we have a 9 copy of that? And all the parties, did you receive 10 copies of the public testimony, Mr. Hong? 11 MR. HONG: Yes . 12 THE HEARINGS OFFICER: Mr. Siu? 13 MR. SIU: Yes . 14 THE HEARINGS OFFICER: Ms . Self? 15 MS . SELF: Yes . 16 THE HEARINGS OFFICER: And Mr. Gomes? 17 MR. DOMES : Yes . 18 THE HEARINGS OFFICER: Thank you very much. 19 We ' ll proceed with the hearing. 20 Mr . Hong, I believe when we broke yesterday 21 Celia Shen was testifying. 22 MR. HONG: That ' s correct. 23 THE HEARINGS OFFICER: Ms . Shen, since we ' re 24 starting this again on the second day, I 'm going to 25 swear you in again . SPP No. 12-000138 Page No. 002858 263 1 CELIA SHEN 2 called as a witness by and on behalf of the Applicant, 3 after having first been duly sworn, was examined and 4 testified as follows : 5 Thank you. 6 FURTHER DIRECT EXAMINATION '7 BY MR. HONG: 8 Q. Ms . Shen, I 'm just going to jump back a little 9 -- a few steps just -- oh, sorry, I 'm going to jump 10 back a little in terms of your testimony this morning. 11 The draft EA, you had sent an e-mail including 12 the PDF copy to Mr. Gomes, is that right? 13 A. Yes, that ' s correct . 14 Q. And you have a copy of that e-mail 15 transmittal? 16 A. Yes, I do. 17 Q. Do you recall what day that was submitted or 18 e-mailed to him? 19 A. I believe, if I recall correctly, it was 20 August 30th or 31st of 2009 . 21 Q. Okay. Why didn ' t you send the draft EA to 22 other individual neighbors? 23 A. We followed the directive of HRS 343 HAR 24 11-200 and the guidelines by OEQC . And technically, 25 the law doesn ' t require you to send it to adjacent SPP No. 12-000138 Page No. 002859 264 1 property owners . So unlike the permitting process, 2 which we ' re going through now, which explicitly 3 dictate that you notify adjacent property owners q within so many hundred feet, the HRS does not make 5 that explicit -- an explicit requirement . It does 6 require you to consult with agencies, organizations, 7 and individuals . And you know, we have done that . We 8 have consulted with specific individuals, in 9 particular, with these speleologists and the cave 10 researchers, where we talked to certain individuals, 11 and as well, we did send a copy of the EA to 12 Mr. Gomes . 13 Q• Was there anybody at any time, you refused to 14 provide them a copy of the draft EA? 15 A. No. If anyone asks, we do provide by that 16 definition. 17 Q• Now yesterday you also talked about the phases 18 and the priority in terms of the building out the 19 project? 20 A. Yes . 21 Q. You had mentioned that in terms of the phases, 22 the dorms -- 23 MR. HONG: Excuse me, Ms. Hearings Officer, 29 may I ask you to direct people in the gallery to put 25 their phones on off? SPP No. 12-000138 Page No. 002860 65 1 THE HEARINGS OFFICER: Thank you, Mr. Hong. 2 I forgot to mention it this morning, please 3 make certain your phones are off, your electronic q devices are off in this hearing . If you need to use 5 the phone, please go outside. 6 The court reporter is here taking down 7 everything that we ' re saying, and it ' s very disruptive g for the cost reporter, because then she cannot hear 9 properly and take down everything properly. 10 Thank you . 11 MR. HONG: Thank you . 12 BY MR. HONG: 13 Q. In terms of the phases we had talked about, 14 you had mentioned yesterday that the dorms would be 15 less and that ' s different from what Mr . Thatcher 16 testified, why is that? 17 A. Well, initially, when we started out the 18 project that was a higher priority element, and that 19 is reflected in the EA. However, as we moved on with 20 the project, and as I had talked about yesterday, 21 projects do evolve . As you gather more information, 22 it does require you to have to go back and re-evaluate 23 some of your earlier decisions . And this is one of 24 the issues that came up with the water allocation from 25 DWS, knowing that dormitories are a high-water-usage SPP No. 12-000138 Page No. 002861266 1 type facility, in order to get the more important 2 elements of the campus on to the property first, you 3 know, we thought it might be better to re-prioritize 4 and move the dormitories to a lower priority, and one 5 of the later elements in order that they can actually 6 get the classrooms up onto the property, and that 7 would be supported by the DWS water . g Q. Okay. I 'm going to move to a different 9 subject, the appropriateness of agriculture zone for 10 school word zoned agriculture school . What is the 11 Connections intended use to your knowledge? 12 A. Well, the prime area use of the property, of 13 course, would be the school . But in support of that, 14 and in support of their intended agriculture program 15 is agriculture uses of the property for crop 16 production as well as some livestock. 17 Q. And there ' s been a lot, I think, 18 misunderstanding about what -- how that would be 19 accomplished given that the property is rated D in 20 terms of soil condition. 21 A. Correct . 22 Q. Would you explain in terms of the planning 23 aspects, what is anticipated? 24 A. As we understand it, you know, the school 25 intends to engage in sort of technology-based SPP No. 12-000138 Page No. 002862 67 1 agriculture . That includes things like, perhaps, 2 hydroponics, aquaponics, as well other agricultural 3 techniques that are not necessarily soil based or 4 in-ground planting. 5 And so because of that, it is appropriate, I 6 mean it is for lesser quality agricultural land such 7 as this for these types of uses . g Q. And then in terms of the upper parcel -- 9 excuse me . 10 A. The upper parcel is intended for their 11 re-forestry and conservation program. And again, that 12 would be an allowable use within the agricultural 13 district . 14 Q• Now, I just mentioned earlier that the soil is 15 classified as a D reading. In your opinion and based 16 on your experience, what problems or difficulties 17 would Connections have in trying to pursue a permit to 18 use properties with a soil A and B classification? 19 A. As A and B classifications, which is a Land 20 Study Bureau classification, are higher rated 21 agriculture lands . But the classifications range 22 from, you know, from A to E, with A being the highest 23 and E being the lowest . 24 And the State Land Use Law Chapter HRS 205 25 affords the greatest level of protection to A and B SPP No. 12-000138 Page No. 00286 268 1 lands as well as lands that are listed as agricultural 2 lands of importance under the English classification 3 system. This particular parcel, again, has a D 4 classification under the Land Study Bureau, and it ' s 5 unclassified under the A list system. 6 So therefore, you know, putting a school on 7 this type of agriculturally classified land, which has 8 a lower quality rating versus trying to get it on g lands that are better classified for agriculture stay 10 with the A and B rating or prime classification under 11 the A list, in my opinion, would be more difficult 12 because the law affords those higher level or higher 13 quality agricultural lands, a higher level protection. 14 And to argue that taking those lands out of 15 agriculture and putting a school on it would be a 16 harder argument to meet versus the lower quality 17 agricultural land that this property represents . 18 Q. And then I ' d like to go onto another topic 19 about the objections to the project . One of the 20 objections to the project is it doesn' t conform to DOE 21 ed specs in terms of the buildings . Could you explain 22 -- well, are you familiar with the DOE ed specs? 23 A. Yes, I am familiar with the ed specs . 24 Q• And would those apply in this case? 25 A. No, they don ' t . The school does not receive SPP No. 12-000138 Page No. 002864 9 1 facility funds from the DOE, and therefore, they' re 2 not required to follow the ed specs. As well, the ed 3 specs are guidelines, they' re not necessarily strict 4 requirements . And also the ed specs are designed for 5 really large public schools . So the guidelines they 6 give you for site planning and space planning is 7 really for a different kind of school than what ' s g being proposed here . 9 For example, so the DOE ed specs, they layout 10 minimum enrollment for a new school . So for an 11 elementary school, the minimum enrollment would be 12 five-hundred-fifty students in order to justify a new 13 school. For an intermediate school it would be six 14 hundred students . And for a high school that would be 15 a thousand students . 16 And so in the case of Connections, they' re 17 projected maximum enrollment doesn ' t even meet the 19 minimum enrollment standards for elementary school . 19 So you know, saying that we need to adhere to the DOE 20 ed specs, I disagree with that . We ' re not really 21 required to, and it ' s not really appropriate to follow 22 all of the guidelines within the ed specs . 23 Q• Okay. Impact on surrounding community, how 24 are -- in terms of your planning, and you know, 25 shepherding this project, how are you trying to SPP No. 12-000138 Page No. 002865 270 1 resolve or how is the applicant trying to resolve 2 these concerns raised by the community? 3 A. Like I talked about previously, this is a 4 conceptual plan, planning is an ongoing process . And 5 we discussed previously that this is not the final 6 plan. This is -- what you see here is not fixed. And 7 we ' ve had meetings with the public previously, they g have expressed some concerns . And as we have 9 previously talked about one of the things that they 10 would, perhaps, like to see is the campus could be 11 moved further down into the property. That is 12 something that we will consider and look at when we 13 move forward getting into the design phase. And as 14 more of the more technical studies are done as far as 15 the details, site survey, geotechnical reports, you 16 know, we ' ll take all of that information as well as 17 the concerns that have been expressed by the 18 neighborhood and look at everything comprehensively, 19 and we can make those adjustments to adjust those 20 concerns . 21 And as well, the school has offered to allow 22 community members to participate in a planning and 23 design committee in order to afford the community 24 continued input into the design of this campus . 25 Q. One of the issues also brought up continually SPP No. 12-000138 Page No. 002866 71 1 seems to be the traffic study. The accusation has 2 been made that it was outdated, how do you respond to 3 that? 4 A. Well, the traffic study was -- the final 5 traffic study was completed in June of 2010, which is 6 included in the -- the revised draft EA and the final 7 EA, which were done in August of 2010 and in October 8 of 2010, respectively. 9 We submitted the special permit application 10 July of 2012 . So given the time line of those 11 elements, I think the validity of the traffic study is 12 -- these things have occurred within a reasonable 13 amount of time and the conclusions of the traffic 14 study are, you know, still valid. 15 Q. And in terms of Mr . Rowell, he testified -- 16 you recall him being -- you recall being present when 17 he testified before the Planning Commission? 18 A. Yes . 19 Q. And in terms of his traffic study, TIAR, did 20 Mr. Rowell mention whether a new one needed to be done 21 or just an update needed to be done? 22 A. He indicated that an update would need to be 23 done prior to going before the State Land Use 24 Commission. As I understand it, the State Land Use 25 Commission requires a traffic study to be done within SPP No. 12-000138 Page No. 002867 272 1 three years, I believe . And so as this process moves 2 forward, if the Planning Commission does make a 3 favorable recommendation, and this application gets 4 pushed up to the State Land Use Commission, you know, 5 a revised or updated traffic study would have to be 6 done before it gets to that next phase. 7 Q. Okay. Thank you, Ms . Shen, no further 8 questions . 9 THE HEARINGS OFFICER: Mr . Siu, cross 10 examination? 11 MR. SIU: I have nothing. 12 THE HEARINGS OFFICER: Ms . Self? 13 MS . SELF: No questions . 14 THE HEARINGS OFFICER: Mr . Gomes? 15 MR. COMES : I have a few questions, please . 16 CROSS EXAMINATION 17 BY MR. COMES : 18 Q. Good morning. 19 A. Good morning. 20 Q. When did you come on board with Connections? 21 A. We, um, started -- our involvement in this 22 project started in 2008 . 23 Q. Are you the project manager? 24 A. Yes, I am. 25 Q• Is this your first K through twelve project? SPP No. 12-000138 �. . Page No. 002868 273 1 A. In terms of doing a sort of conceptual master 2 plan, yes . 3 Q. As far as you know, has John Thatcher ever 4 built a K through twelve school facility before? 5 A. Not to my knowledge, no . 6 Q. As far as you know, has anyone on his staff or 7 advisors built a K through twelve school facility 8 before? 9 A. Not to my knowledge. 10 Q• Has anyone else associated with the project 11 built a K through twelve school facility before? 12 A. Can you clarify your question in terms of 13 involvement? Are you talking about related to the 14 school or in terms of the project team? 15 Q. The project team or anyone working at the 16 school. 17 A. I can ' t answer for people working at the 18 school in terms of the project team, and I can' t be 19 absolutely specific, but the architect that we are 20 working with, Urban Works, has done several school 21 projects . They' ve done some things for Punahcu and as 22 well as some other school projects . 23 Q. Have they done an entire K through twelve 24 facility -- 25 A. I cannot answer that with certainty. SPP No. 12-000138 Page No. 002869 274 1 Q. So as far as you know, this is the first time 2 for all of you to be building a K through twelve 3 facility? 4 A. I can only speak for us . Yes, this would be 5 the first time that we ' ve been involved in planning a 6 K through twelve facility. 7 Q. And what projects have you done for schools in 8 the past? 9 A. For schools, I 've done -- and I talked about a 10 few of them yesterday, we ' ve done space planning 11 projects and campus planning projects for Saint Louis 12 School; permitting projects for Saint Louis and 13 Saint Francis School as well as our involvement with 14 the UH Center, West Hawaii campus . 15 Q. So when you say those -- what is an example of 16 one of the projects, like a gymnasium or a classroom? 17 A. For -- for example, I ' ll use the Saint Louis 18 School project . One of the things that they came to 19 us for was --- they were at the time, Saint Louis, was 20 grade six through twelve program. And they were 21 thinking about expanding their program to go all the 22 way from K through twelve, and so they needed to do a 23 study on whether they had the land availability as 24 well as what it would take as far as facilities to 25 accommodate that expansion. SPP No. 12-000138 Page No. 002870 5 1 So we assisted them, again, going through the 2 process of doing some space programming, getting an 3 estimate of -- given their projected enrollment to 4 meet this inspection, how much classroom space they 5 would need as well as supporting school facilities, 6 and you know, deriving, you know, approximate 7 footages, facility types . 8 And then looking at their campus and the area 9 available to them, if you' re familiar with 10 Saint Louis School they share a campus with Chaminade 11 University. So Chaminade has certain portions of the 12 property and Saint Louis has others . So we evaluated 13 what lands were available to Saint Louis on that 14 property, which ones would be conducive for posting a 15 full K through six program. And then doing some 16 conceptual layouts similar to this to see how these 17 facilities would fit on those spaces, and whether it 18 make sense for Saint Louis to continue to pursue, you 19 know, a fuller expansion of their current program. 20 Q. So in a situation like that, would the school 21 give you a plan, and you say, okay, we ' ll build this . 22 Or do they give you an idea and you come up with 23 several suggestions, and propose it to the school and 24 they choose one of the suggestions? 25 A. Yes . That ' s more or less characterizes the SPP No. 12-000138 Page No. 002871276 76 1 process . They have an idea of we want to do this, how 2 can we do it, can we do it, what would it look like . 3 So that ' s what -- our studies help them make that 4 decision -- is this something worthwhile for them to 5 pursue . 6 Q. And do you -- does your company do the actual 7 construction? 8 A. No, we are planners . So our involvement, you 9 know, typically, would end, for example, like a 10 project like this, once it gets to the permitting, our 11 involvement would typically end -- after the planning 12 stage, it moves into what they call the design phase . 13 And so other design professionals get involved with 14 -- primarily by the architect . They have engineering 15 specialists come onboard, and then start again, as I 16 talked about previously, those more detailed studies 17 are undertaken. That all feeds into the design 18 process . 19 Q. So you are familiar with the ed specs? 20 A. Yes . 21 Q. And have you ever referenced ed specs during 22 any of the school projects that you 've done? 23 A. Yes . We use them as, essentially, as 24 guidelines . And again, the projects that we worked on 25 were not DOE schools . So you know, we don ' t adhere to SPP No. 12-000136 Page No. 002872 277 1 the ed specs, a strict adherence to it . We use the ed 2 specs as well as other design guidelines, like time 3 saver standards for site planning, time saver 4 standards for building types. These are all 5 guidelines that we use as resources to help us 6 delineate space requirements, facility types for 7 different types of land uses . S So yes, I have used the ed specs . But again, g none of the projects that I personally have worked on 10 have required that I have to adhere to the ed specs 11 strictly. 12 Q. Okay. Have you ever referenced the ed specs 13 for this project? 14 A. Yes . We did use the ed specs, again, as I 15 mentioned, we used them as guidelines to kind of help 16 us derive -- and primarily for this project, I used it 17 for helping to get an idea of classroom sizes, based 18 on my discussions with John in terms of how many 19 students ideally their class sizes would be, you know, 20 and taking information specific to this program and 21 looking at the ed specs -- and we don't use the ed 22 specs, like I said, in a strict manner. There is some 23 much interpolation that goes on, because the ed specs 24 are designed for larger public schools, so you kind of 25 make -- you take that as a basis of how you derive . SPP No. 12-000138 Page No. 002873 8 1 Say, maybe like square footages for a classroom, you 2 know. They may say like for a typical size for a 3 classroom might be nine hundred square feet . But 4 their class sizes are a lot larger than what 5 Connections would be. So you kind of do some rough 6 math, and you kind of estimate, okay, that kind of 7 equates to so many square feet per student . And then 8 you translate that into a smaller -- something that g would have less students . 10 So going back to your question, yes, we do use 11 it, but it ' s not a strict adherence . It kind of gives 12 us a starting point for, you know, coming up with our 13 own sort of plan and guidelines, how we derive spaces, 14 space types, and sizes . 15 Q. And for someone who has never built a school K 16 through twelve facility, would the ed specs be a good 17 reference and guide? 18 MR. HONG: I object, misstates facts in 19 evidence . She never said she did construction or 20 building. She said she does the planning part . 21 THE HEARINGS OFFICER: I heard the objection. 22 I ' ll overrule it . 23 Answer it . I ' ll allow her to answer it . 24 A. Can you repeat your question again? 25 BY MR. GOMES: SPP No. 12-000138 a Page No. 0028742 9 1 Q• For someone who has never built a K through 2 twelve facility, would the ed specs be a good 3 reference and guide? 4 A. Again, I would say yes . It ' s a starting point 5 for us, but I also, you know, we do use other 6 references . We do not follow only the ed specs . We 7 did look at, again, we use like a time saver standard. g So there are other planning guides that we turn to. 9 The ed specs is not the sole source of where we get 10 our information. And we often combine information 11 from different sources to, you know, generate how we 12 -- we start planning for a project -- a specific 13 project . 14 Q• Have you seen the list of acknowledgements on 15 the ed specs and the professionals who got together to 16 come up with the ed specs? 17 A. No, I have not. 18 Q. Do you grew agree with the suggestions in the 19 ed specs? 20 MR. HONG: I object, lack of foundation -- 21 lack of foundation. 22 THE HEARINGS OFFICER: Mr. Gomes, you' re going 23 to have to be more specific. The question is 24 overbroad. 25 BY MR. COMES : SPP No. 12-000138 Page No. 002875 280 1 Q. Your design plan did not call for a fence 2 around the property, but ed specs calls for a six-foot 3 fence . The school put in a four-foot fence instead of 4 a six-foot fence, which is required by ed specs . Do 5 you agree that a four-foot fence is better than a 6 six-foot fence? 7 MR. HONG: I 'm going to object, it ' s 8 argumentative . g THE HEARINGS OFFICER: I 'm going to overrule 10 the objection . If you can answer, go ahead and answer 11 it . 12 A. Can you repeat your question again? 13 BY MR. COMES: 14 Q. One of my concerns is the school put in a 15 four-foot fence instead of a six-foot fence that is 16 required by ed specs . Do you think the four-foot 17 fence is a better idea than a six-foot fence? 18 A. Again, you know, ed specs are designed for 19 larger public schools . This school differs from your 20 typical public school . It ' s a much smaller school as 21 well as it incorporates an agricultural program, which 22 public schools don ' t have the kind of program that 23 this school is proposing. So in terms of do I think 24 that the schools should follow the ed specs to a tee 25 and put in a six-foot fence, no, I don ' t think SPP No. 12-000138 a Page No. 002876 81 1 necessarily that that is appropriate . 2 Q. So do you understand why the fence is put in? 3 THE HEARINGS OFFICER: Mr. Gomes, that 4 question -- is not clear. You ' re going to have to 5 rephrase your question. 6 BY MR. DOMES : 7 Q. Okay. The fence is supposed to be for g security, to keep wandering people off the campus, and 9 to keep children from leaving the campus . Is it 10 easier for an intruder to climb over a four-foot fence 11 instead of a six-foot fence? 12 MR. HONG : Objection, not relevant, it ' s 13 argumentative . It ' s cumulative, because she ' s already 14 said that the ed specs don ' t apply, and he ' s 15 continuing to argue the requirement that somehow this 16 school is supposed to meet the ed specs . 17 THE HEARINGS OFFICER: Mr. Gomes, it ' s not 18 relevant or material to this proceeding, and also, it 19 is argumentative, so I 'm going to sustain the 20 objection. 21 Move on to your next area . Thank you. 22 MR. COMES : Okay. 23 BY MR. COMES : 24 Q. Did your company write up the environmental 25 assessment? SPP No. 12-000138 Page No. 002877282 B2 1 A. Yes, we did. 2 Q. And what kind of qualifications would someone 3 need to write the environmental assessment? 4 A. There are no specific qualifications in terms 5 of, you know -- the law does not specify that you need 6 to have certain degrees or certain levels of 7 experience . Our firm has -- we 've done a lot of 8 environmental assessments . And I ' ve -- as I said 9 yesterday, I personally worked on about sixteen or so 10 of them. 11 Q• So actually, someone like myself with no 12 college background, no engineering background, or 13 experience should be able to produce an acceptable 14 environmental assessment? 15 MR. HONG: Objection, calls for speculation on 16 the part of the witness in terms of what is 17 acceptable? 18 THE HEARINGS OFFICER: I 'm going to overrule. 19 If you can answer this, go ahead. 20 A. I would disagree with that . 21 It does, while there are no specific 22 educational or professional requirements, it does take 23 some level of experience and understanding of 24 development projects as well as environmental issues 25 to do an EA. SPP No. 12-000138 ,. Page No. 002878 283 1 BY MR. GOMES: 2 Q. And after you' ve finished the environmental 3 assessment, whom do you send it to? 4 A. Can you clarify your question in terms of -- 5 Q. What is the point of doing an EA? And when 6 you ' re done with the environmental assessment, who do 7 you send it out to notify that your environmental g assessment is done, and people need to take a look at g it? 10 A. Again, we follow the guidelines provided by 11 the HRS, the HAR, and OAQC. We are actually required 12 to send it to, in this case, because it ' s an applicant 13 action, the EA is sent to the approving agency as well 14 as the applicant . Beyond that, it ' s --- it ' s really 15 optional where it ' s distributed. 16 Q. In the HAR, Title 11, Chapter 200 that I read, 17 line 6 says, "Distribute concurrently with the filing 18 in paragraph 5 the draft environmental assessments to 19 other agencies having jurisdiction or expertise as 20 well as citizen groups and individuals which the 21 proposing agency reasonably believes to be affected. " 22 Am I , as a resident and a neighbor bordering 23 the project, in your opinion, an individual that could 24 be affected? 25 A. If we determine -- when we send out the final SPP No. 12-000138 Page No. 002879 284 1 EA, oftentimes what determines that is who ' s made 2 comments during the draft period. And so having, you 3 know, received no comments, you know, from yourself, 4 as well as from other people, we don' t necessarily 5 send them a final EA. If they request that we send 6 it, we can do that . So it ' s not -- it ' s not automatic 7 that we send it out to every -- again, like I said 8 before, you know, it does not require us to send it to 9 the adjacent landowners . And if during the process 10 they had indicated their desire to receive continued 11 -- continued notification of when the final came out, 12 then we would do that . 13 Q. So in your opinion, I am not an individual you 14 believe will be affected by the project, that is why 15 you did not send me an environmental assessment or a 16 draft EA? 17 A. Well, I would have to correct you on that . We 18 did send you a draft EA in August of 2009, and having 19 received no comments on that, we have to make the 20 presumption that you had no issues with that, so we 21 moved forward from there. Now, if you had sent in 22 comments, we would have sent you subsequent versions 23 of the EA. 24 Q• Did you distribute it to me or did I have to 25 ask you for it? SPP No. 12-000138 ti. Page No. 002880 285 1 A. As I discussed yesterday, we had received a 2 call from DLNR, and they had asked us to send it to 3 you, so yes, we sent it to you. 4 Q. Did you distribute it to me or did I ask for 5 it? 6 MR. HONG : I object . The term is vague and 7 ambiguous, and it ' s also cumulative, it ' s been asked 8 and answered. g THE HEARINGS OFFICER: Mr. Gomes, I think the 10 testimony and the evidence is very clear that you were 11 sent a copy of this and you didn ' t directly ask. It 12 came from DLNR, so it ' s already been asked and 13 answered. So this is cumulative testimony, so I 'm 14 going to sustain the objection. 15 MR. COMES : Okay. 16 BY MR. DOMES : 17 Q• So I received your e-mail, thank you very 18 much, on the 31st of August, and it reads, "At the 19 request of Charlene Unoki of DLNR' s land division, I 20 tried to e-mail you the draft environmental assessment 21 for the Connections New Century Public Charter School 22 Project . I 'm not sure if my e-mail was successfully 23 received as the attachment was quite large and may 24 have been rejected by your e-mail server. If you did 25 not receive my previous e-mail, the DEA is available SPP No. 12-000138 L Page No. 002881 286 1 to download from the Office of Environmental Quality 2 Control EA, EIS archive . Copy and paste in the 3 following link into your web browser to access . 4 The EA assesses the master plan for the new 5 school campus proposed to be constructed in Kaumana . 6 The project site, which adjoins your property is on 7 land to be leased from the State . The draft EA 8 currently is in the thirty-day public review period, 9 which concludes on September 7, 2009. 10 The comments on the EA should be submitted in 11 writing to DLNR and to Wil Chee Planning and 12 Environmental . If you have any questions, please feel 13 free to contact me . Thank you. Celia . " 14 So this was sent to me on August 31st, and the 15 public review period ends on September 7 . I have 16 never seen an EA before in my life. I didn' t know how 17 to look at it . I 'm working -- 18 MR. HONG: I 'm going to object. The 19 questioner should be asking a question, not 20 testifying. 21 THE HEARINGS OFFICER: Mr. Gomes, I 'm going 22 instruct you that you need to ask questions . You will 23 have an opportunity to testify later in this 24 proceeding, but right now you have to ask questions to 25 the witness, not testify. You understand? SPP No. 12-000138 Page No. 002882 287 1 MR. COMES : Okay. 2 BY MR. GOMES : 3 Q. Is six days enough time for me to submit a 4 written response? 5 MR. HONG: Excuse me, I 'm going to object . 6 Calls for speculation on the part of the witness . 7 THE HEARINGS OFFICER: Overrule the objection. 8 She can answer. 9 A. You are allowed to ask for an extension. We 10 have in the past, you know, people found it -- or 11 received information about the EA close to the 12 deadline . We have been asked, "Can we send in 13 comments later?" And we ' re usually very accommodating 14 to that. We don' t hold strictly to thirty days for 15 the comment period. That ' s what is specified in the 16 law, but we have, whenever it ' s asked, we do allow 17 people to continually submit comments -- because there 1B is a period between when that comments period ends and 19 as we start working on the final EA, so we will 20 continue to accept comments after that . 21 BY MR. COMES : 22 Q. Did you make any attempt back in 2009 to let 23 me know that? 24 A. If you had contacted me, I offered to answer 25 any questions you had. If you had contacted me and SPP No. 12-000138 Page No. 002883 288 l asked about the process or if you needed additional 2 time, yes, I would have -- I would have told you that . 3 Q. But did you just offer the information? 4 A. I can ' t offer information that I don ' t know 5 you have questions on. 6 Q. Thank you. 7 And so because it ' s not required by law, did 8 you send a copy to the Kaumana Kumiai? 9 A. Can I ask what is that? 10 Q• It is a -- local organization. 11 A. No . 12 Q. Or did you send one to the Kaumana Caves 13 Neighborhood Watch Association? 14 A. No . 15 Q• And what are the reasons for submitting an 16 environmental assessment or EIS report? 17 A. It ' s to -- preparing an EA or EIS is to 18 evaluate the potential impacts of a project on the 19 environment . Distributing it to the various agencies 20 and organizations is a way to gather information as 21 well as to help you define a level of analysis that is 22 appropriate for the project. 23 Q. What is the difference between and 24 environmental assessment and an environmental impact 25 statement? SPP No. 12-000138 Page No. 002884 2 02884289 1 A. An environmental impact statement is -- it ' s a 2 higher level of document, and it ' s a disclosure 3 document when you -- when your project is expected to 4 have significant environmental impacts . An EA is 5 typically the first step in the process . If you go 6 through the EA process, and you determine that your 7 project will have significant environmental impacts, 8 then it gets elevated, you have to move forward and do g an EIS. 10 Q• And does the -- excuse me . 11 Does the report affect the final outcome of 12 the requested action submitted by Connections School? 13 A. Can you clarify your question? 14 Q• Does your report affect what can be built or 15 done? 16 A. It allows the process to move forward. The EA 17 is one step in the planning process, so yes, it does 18 affect the outcome in that -- that -- you know, it 19 allowed the school to get the lease, that was the one 20 of the requirements for finalization of the lease, as 21 well as it feeds into the special permit process in 22 terms of the looking at impacts of the project . 23 Q. And does the environmental impact statement or 24 -- I 'm sorry, environmental assessment apply for the 25 rest of the entire project throughout each phase or SPP No. 12-000138 Page No. 002885 290 1 will you need to do an environmental assessment for 2 each phase? 3 A. Typically, no, you won ' t do an environmental 4 assessment for each phase. This environmental 5 assessment in this particular case, because it covers 6 the entire project, as long as there is no significant 7 deviations than what was represented for this EA, this 8 EA would be valid for the entire project . Again -- if 9 I may go back to the example that I talked about 10 yesterday, the UH center, West Hawaii . When our firm 11 initially did that project, the first EIS was done, I 12 believe, in 2000 or 2001. In the intervening years, 13 the university changed its mind and they relocated the 14 campus from within their 15 five-hundred-acre parcel to another area within that 16 parcel . And as well, they -- the educational program 17 changed and they wanted to expand the vision of that 18 campus . And so because that, there are significant 19 enough changes than what was represented in the 20 original EIS, that they were required to do what is 21 called a supplemental EIS to address those changes . 22 So again, as long as -- the project is built 23 in reasonable conformance to what was represented in 24 the EA, that EA would be valid for the entire project . 25 But again, you know, if there are significant changes, SPP No. 12-000138 Page No. 002886 91 y 1 then another EA would be required to address those 2 changes . 3 Q. So going back to the Title 11, just to clarify 4 for me, because I 'm really not sure how the process 5 works, even though Title 11 says, I believe, I 'm 6 supposed to be notified, you ' re not required to notify 7 me or my neighbors that will be affected or border the 8 property? 9 A. No. There is no specific requirement that, 10 again, like the permit process here, there is specific 11 language that says adjacent property owners within so 12 many hundred feet have to be notified. So in terms of 13 the language for an environmental assessment or an 14 EIS, that language does not exist . And how do you 15 determine who the EA or EIS gets distributed to in 16 this case, because it ' s an applicant action versus an 17 agency action, it ' s really largely up to the approving 18 agency who the EA or the EIS gets distributed to . If 19 you read the language, it ' s very specific for 20 applicant actions . It ' s really at the discretion of 21 the approving agency. 22 So going back to your specific case, you know, 23 when DLNR called me and said, "Can you send this 24 fellow a copy of the EA?" they could have easily made 25 the request, and while you ' re at it, we want you to SPP No. 12-000138 Page No. 002887 92 1 send it to, you know, everyone else or anyone within 2 so many hundred feet, or anyone within an adjoining 3 property, but that request was not made of us . 4 Q. What does your company -- or I 'm sorry. 5 Does your company consider community 6 involvement important? 7 MR. HONG : You know, I object as vague and 8 ambiguous, as to what stage, when? 9 THE HEARINGS OFFICER: Mr. Gomes, you' re going 10 to have to be a little more specific. 11 BY MR. GOMES : 12 Q. I 'm looking at a picture from your website 13 under public involvement, and it reads, "An important 14 feature of most planning and environmental work is 15 public involvement, from providing the public with 16 information about upcoming projects in their community 17 to soliciting public comments on environmental 18 remediation efforts, Wil Chee Planning has provided 19 our clients with complete public involvement services . 20 Wil Chee Planners and Environmental Consultants 21 understand and appreciate the value of public opinion. 22 As active, informed, and passionate community members 23 ourselves, we ensure that the community and 24 stakeholders who need to be informed on specific 25 projects are reached. " SPP No. 12-000138 Page No. 0028882 9 1 Whose idea was it not to involve the community 2 prior to the environmental assessment? 3 MR. HONG: I 'm going to a object, assumes 4 facts not in evidence, lack of evidence, also it ' s 5 argumentative . 6 THE HEARINGS OFFICER: I 'm going to overrule . 7 And let her answer if she can. B A. There was no decision to not involve the 9 community. We had a community meeting prior to 10 issuance of the first draft of the EA that was in 11 April of 2009 . You know, in retrospect, everyone can 12 go back and look at the process and say, "Well, we 13 could have done things differently. " But the public 14 meeting that we held with Connections as well as the 15 newspaper article, we felt that was sufficient to get 16 the word out about the project, and you know, as -- as 1.7 -- and to help us identify stakeholders . 1B BY MR. GOMES: 19 Q. Was the community invited to the 2009 meeting? 20 A. I cannot specifically address that . I was not 21 involved in the notification process . The school took 22 that responsibility in notifying or publicizing the 23 meeting. I believe there was an ad put in the paper. 24 Beyond that, I 'm not sure exactly what -- what 25 specific procedures -- SPP No. 12-000138 Page No. 00288 294 1 Q. Do you have any proof of that meeting ever 2 taking place, for example, sign-in sheet, minutes from 3 the meeting? 4 A. Proof aside from my being at the meeting -- 5 Q• Yes, were you at the meeting? 6 A. Yes . I was in attendance at the meeting . We 7 made a presentation of the project as well as the 8 architect was there, again, making a presentation of 9 the project. We had made available copies of the 10 botanical study, the archeological study for anyone 11 who wanted to come in and look at it . 12 Q• So do you have any proof of this meeting, 13 sign-in sheet or minutes? 14 MR. HONG: I object . She ' s already testified 15 she was there at the meeting, that ' s proof. 16 THE HEARINGS OFFICER: Mr. Gomes, I 'm going to 17 sustain the objection. You have to stick with the 18 issues, and we can ' t keep asking questions about the 19 same thing you asked already. Move on to your next 20 area . 21 BY MR. GOMES: 22 Q• How will water be provided? 23 A. The Department of Water Supply has stated that 24 currently their system has available to the property 25 an allotment, a maximum allotment of 4200 gallons per SPP No. 12-000138 Page No. 002890 295 1 day. And we have stated and have continued to tell 2 people that, yes, there is a limited allotment of DWS 3 supplied water, but there are alternatives that are 4 available to the school . And those will be looked at 5 in a subsequent detailed infrastructure planning and 6 design phase . -7 Q. So are there water requirements standards? 8 A. There are guidelines as far as estimated 9 usage . 10 Q. And how much water would be available? 11 A. Would be available? 12 Q. Yes . 13 A. Again, the DWS supplied water to the property 14 at this current time is 4200 gallons per day, maximum 15 gallons per day. 16 Q. Is that sufficient for what you ' re requesting? 1`7 A. Again, we cannot definitively say whether that 18 4200 gallons will cover everything . It depends on, 19 again, we will be looking at alternative sources of 20 water, that includes the use of recycled water, 21 catchment water, and in that -- in the subsequent 22 detailed infrastructure planning, the engineers will 23 look at how these alternative sources of water can be 24 used to supplement that 4200 gallons . 25 Now, so whether you ' re saying -- if you ' re SPP No. 12-000138 Page No. 002891296 1 asking is that 4200 gallons sufficient to -- to 2 support this entire campus, we have continued to say 3 we don ' t know definitively yet . But we have also 4 agreed to, as a condition of approval, is that if in 5 this subsequent phase it is determined that the entire 6 campus can' t be built within that 4200-gallon 7 allocation, as well as in combination with alternative 8 water sources, the school will limit the amount of g development to be contained within what can be 10 supported by that 4200 gallons and supplement it by 11 additional water sources . 12 Q. As far as drainage, have you conducted any 13 studies in terms of how the drainage will be handled? 14 A. The engineers have looked at it conceptually. 15 Right now they' re looking primarily at having 16 detention basins capturing surface run-off. And 17 again, that feeds into water usage because maybe 18 potentially we can use some of that run-off for 19 non-potable uses . 20 Q. Will there be any impact to properties makai 21 of the project given the honeycomb of caves in this 22 area? 23 MR. HONG: I object, assumes facts not in 24 evidence . 25 THE HEARINGS OFFICER: I 'm going to overrule SPP No. 12-000138 Page No. 002892297 97 1 it . If she can answer it -- 2 A. The -- the engineers have not looked 3 specifically at subsurface conditions yet . And again, 4 that comes at the next phase. In terms of drainage 5 for this specific project, the project would have to 6 adhere to County drainage standards which essentially 7 means that any excess of flow and beyond what g currently flows off of the property, that all has to 9 be maintained on the property. So in terms of like, 10 storm water drainage off the property, there should be 11 no effect to properties makai -- as one of the 12 requirements of what would be required is that the 13 school maintain all of the storm water run-off onsite. 14 BY MR. COMES : 15 Q• As far as waste water goes, what kind of 16 system will you use for wastewater? 17 A. We anticipate using what ' s called an 18 ecological wastewater system. And again, going back 19 to the UH West Hawaii project, that is something that 20 is being implemented for that project. And what it 21 is, is it ' s essentially a biological treatment system. 22 So it mimics the cleansing function of wet lands . And 23 it cleans the waste water effluent, which then can be 24 used -- when I talk about recycled water, this is the 25 recycled water that we ' re talking about, is water that SPP No. 12-000138 Page No. 002893 98 1 is treated in a certain level, which can then be used 2 for productive use, it can be used for agriculture, it 3 can be used for irrigating, landscaping. And if you 4 clean it to a high enough level, it can be used for 5 like toilet flushing, as well as a greater span of 6 agriculture uses . 7 Q. And how much does a system like that cost? 8 A. I -- I can' t say. I do not have specific 9 experience in designing or building a system like 10 that . 11 Q. Is that a system that can be maintained by the 12 students or do they need a professional outsider to 13 maintain? 14 A. These systems, if they' re designed properly, 15 are self-sustaining. There is a little -- very little 16 maintenance that ' s involved. 17 Kanu O Ka Aina up in Waimea has a system like 18 that, so it is -- and a lot of these systems based on 19 my reading of it, are actually done at schools, 20 because they are used as educational projects . So 21 they actually do require very little maintenance . 22 Q. And what is the life span of a system like 23 that? 24 A• I cannot speak to that, I do not know . 25 Q• Does it use an injection system? SPP No. 12-000138 Page No. 002894 299 1 A. No. It ' s -- your wastewater flows into a 2 septic tank, similar to like what you would have at 3 your house, but rather than the effluent from your 4 septic system going out into a leech field, that 5 effluent is then treated, that ' s where the wet land 6 portion comes in. So the treated effluent is -- it ' s 7 either used for irrigation -- so you can water -- you 8 can do subsurface drip irrigation. Or if you have 9 excess effluent -- if you have more water than what 10 you actually need for irrigation purposes, you can 11 send it to a drain field. 12 So there is -- there is no -- typically, you 13 would not inject it, although that could be an option, 14 but probably you would just leech it cut similar to 15 what you do with your septic system. 16 Q. Is that an exposed system that kids or animals 17 could get into? 18 A. It depends on the specific design of the 19 system. I know for the one at UH west Hawaii, it ' s 20 actually a subsurface, I think it ' s a gravel bed, and 21 so the water -- the treated water is actually under a 22 gravel bed. That requirement, specifically, I 23 believe, was because of its proximity to the airport, 24 and they didn ' t want an open water feature that would 25 attract birds . SPP No. 12-000138 Page No. 002895 300 1 But there is very -- there is many different 2 ways of designing the system so it could be 3 subsurface . Sometimes the wet land portion are in 4 tanks . But it is a -- it ' s actually a very clean 5 process . There is very few odors . And if it ' s 6 designed properly, there is very little vectors . 7 Q. When your company was selected to work on this g project, were you asked to look at any alternative 9 sites? 10 A. When the project was brought to us, this site 11 was already in the process of being leased from DLNR. 12 So -- we were not -- if you ' re asking if we were 13 involved in a site selection process, no. 14 Q. And did you ever suggest to John Thatcher that 15 maybe he should use another site? 16 A. We have had previous discussions that they may 17 want -- when the cave issue came up -- when there were 18 objections to the project because of the cave running 19 through the property, we did discuss possibly looking 20 at other sites, but we were able to resolve that issue 21 talking to the interested -- the researchers and the 22 speleologists . So we were able to resolve that issue 23 without having to consider other sites . 24 Q. As part of the environmental assessment 25 process, is there a need to look at alternatives? SPP No. 12-000138 Page No. 002896 301 1 A. Yes, it does require you to look at 2 alternatives . Does it require you to look at 3 alternative sites? Not specifically. 4 Q• And can you describe some of the alternatives 5 you looked at? 6 A. We looked at different -- excuse me -- 7 different configurations of the property, how the 8 property could be used. 9 Q. On some of the sites, you noted there were two 10 large -- could you consider possibly subdividing those 11 properties? 12 A. No, we did not -- that was not a 13 consideration. 14 Q• In your evaluation of the alternative sites, 15 why did you not consider the Nani Mau site? Were you 16 not asked to -- 17 A. Again, we were not involved in -- in looking 18 at alternative sites with the school . 19 Q. When government or public agencies start 20 looking at relocating, they frequently do a selection 21 study, for example, prior to the State building, the 22 Judiciary complex in Hilo, and now in West Hawaii, a 23 selection process was done . Why was such an exercise 24 not done? 25 MR. HONG: I 'm going to object, misstates SPP No, 12-000138 Page No, 002897 02 1 facts not in evidence . Government agencies versus a 2 charter school, it ' s apples and oranges . 3 THE HEARINGS OFFICER: I don ' t think it ' s 4 relevant material to this case, so I 'm going to 5 sustain the objection . 6 BY MR. DOMES : 7 Q. Relating to community impact, could you 8 describe the social impact the project would have on 9 the immediate community? 10 A. Can you be more specific in terms of social 11 impact -- what -- are you specifically asking? 12 Q. Any impact that you think the school would 13 have on the community? 14 A. I 'm going to refer back to our statements in 15 the EA. Yes, there will be some impact in terms of 16 the noise, in terms of traffic. Putting a school on 17 the property will increase noise in the neighborhood. 18 There will be some increase in traffic. 19 Do these -- do these impacts rise to a level 20 of significance such that, you know, it would be, you 21 have, know a detriment to the community? Certainly 22 the findings of the TIAR do not suggest that . And as 23 far as noise, schools typically -- especially a school 24 of this size where you' re not having major athletic 25 events, they stated that the type of noisier events SPP No. 12-000138 Page No. 002898 303 1 like dances, and things like that will not be held on 2 this property. 3 So you know, during normal school activities 4 during the day, you know, we ' re not really looking at 5 a significant addition of noise in the area . And 6 there are regulations -- the Department of Health has 7 regulations called community noise standards . And so 8 they do specify allowable decibel levels based on the 9 zoning of the property. And actually, there is 10 specific language in the Department of Health 11 regulations that makes an exception from these decibel 12 standards for schools and for approved school 13 activities . 14 So there is an acknowledgement that, yes, 15 schools do -- there is noise associated with schools, 16 but that in a context of a community, it is an 17 acceptable -- acceptable situation. 18 Q. So you think it would be a positive impact on 19 the community? 20 MR. HONG: Your Honor, object, it ' s 21 argumentative and cumulative. She ' s already testified 22 what she feels the impact is going to be. 23 THE HEARINGS OFFICER: Sustain the objection. 24 BY MR. COMES : 25 Q. How many community meetings did you attend? SPP No. 12-000138 Page No. 002899 4 1 A. I have attended three so far. 2 Q. And in your opinion, what was the community' s 3 reaction? 4 A. Not favorable. 5 Q. Was there a separate social impact analysis 6 done? 7 A. Are you talking about as part of the EA? 8 Q. Yes . 9 A. And meaning a social impact analysis in what 10 sense? 11 Q. What kind of community support the school will 12 receive? 13 A. I don ' t believe a social impact analysis will 14 look at community support . And typically a separate 15 social impact analysis, at least in my experience, is 16 not done for EA. I mean we do look at social issues, 1-/ but in terms of a separate study, say, like an 18 archeological or biological study, that ' s not a 19 typical study that is done, unless for some reason 20 there is some characteristic of a project that 21 warrants a specific study such as that . 22 Q. And are you aware of the police department ' s 23 comments as far as increased crime and noise? 24 A. I have seen the comment letter from the police 25 department, and I believe the one that you ' re SPP No. 12-000138 Page No. 002900 305 1 referring to about impact to crime and noise came as a 2 result of their -- their review of the special permit . 3 Now, previously through the EA process, the police 4 department, their comments through the EA process 5 indicated that they had no concerns, and they did not 6 believe that there were any crime or traffic issues 7 with the project . B Q. In the police comments, it also mentioned that 9 sidewalks should be built along Edita Street and you 10 agree to that? 11 A. Not necessarily. I mean this is a rural 12 community. There are no existing sidewalks in the 13 area. The school had agreed to widen the shoulder of 14 the road to accommodate for traffic. The sidewalks 15 are typical of more of a suburban type community. 16 THE HEARINGS OFFICER: Mr. Gomes, you' re going 17 to be a while longer, I take it? The reason why I 'm 1B asking is we ' re going to take a recess . 19 Mr. Hong, there are some witnesses that are 20 outside that may not take some time, that can only be 21 here this morning. I don' t know if you want to call 22 them out of order, and call Ms . Shen back again. It ' s 23 your decision. 24 MR. HONG : And who are those witnesses? 25 THE HEARINGS OFFICER: Wayne Kanemoto, which SPP No. 12-000138 Page No. 002901306 1 is your witness, Mr. Gomes . 2 And he ' s only available this morning. But we 3 still have time, it ' s only 9 : 30 . Melvin Yokota and 4 Terrence Yoshioka . The other thing is there is a 5 Dr . Peng who is going to be here at 10 : 30 . 6 So we ' ll take a ten-minute recess now. But 7 let me know when we come back how you want to handle 8 this . 9 MR. HONG: Ali right. Thank you. 10 (Recess . ) 11 THE HEARINGS OFFICER: We ' re back on the 12 record after a recess, and I will note the presence of 13 all the parties . And Ms . Shen is still on the witness 14 stand. 15 Mr. Gomes, you want to proceed? 16 BY MR. GOMES : 17 Q. Have you seen the site? 18 A. Yes, I have . 19 Q. Is the fencing completed? 20 A. I have not been to the site since the fencing 21 was done, so I cannot answer that question . 22 Q• Do you know if the dispute between the 23 contractor and the school has been settled? 24 A. I have no knowledge of that . 25 Q• And will you be fencing the upper parcel? SPP No. 12-000138 Page No. 00290230 1 A. That ' s not my decision. I can' t answer that 2 question. 3 Q. Have you recommended fencing for the upper 4 parcel? 5 A. We have not made a recommendation one way or 6 the other. 7 Q. And were you required to notify anybody of 8 this hearing? 9 A. This hearing? Was I required to notify -- I 10 was not required to notify -- 11 Q. Will the school be using hydroponics or 12 aquaponics? 13 A. It is my understanding that that is their 14 intention to implement or look at these type of 15 technology-based agricultural uses . 16 Q. And both of those use water, that ' s correct? 17 A. Yes . 18 Q. Are there any community members that have 19 contributed to the planning of the school? 20 A. Are you asking if any community member 21 specifically have been involved in what we ' ve 22 developed up to this point? 23 Q. Yes. 24 A. No. 25 Q. And do you know of any other schools that uses SPP No. 12-000138 Page No. 002903 308 1 catchment? 2 A. I believe there are other -- other charter 3 schools that do use catchment . To what extent, I 'm 4 not aware of that . 5 Q. Okay. Thank you very much . 6 MR. COMES : I 'm done . 7 THE HEARINGS OFFICER: Mr. Hong, do you have 8 any redirect? 9 MR. HONG: Yes, briefly. 10 REDIRECT EXAMINATION 11 BY MR. HONG: 12 Q• Looking at the revised conditions of the 13 planning director at 1227 through 1231, do you 14 recognize those revised conditions? 15 A. Yes, I do . 15 Q. And are those revised conditions acceptable to 17 the applicant? 18 A. Yes . 19 Q. In terms of the -- there was some discussion 20 about the EA -- an EA having to be done for other 21 parts of the project, and your -- you had testified 22 that in response to the question that as long as the 23 project was in reasonable conformance, the EA would be 24 valid for the entire project, do you recall that? 25 A. Yes . SPP No. 12-000138 Page No. 002904 309 1 Q. You' ve seen the lease from DLNR to the 2 applicant? 3 A. Yes . 4 Q. And the lease is for a school, not for any 5 other purpose, correct? 6 A. Correct . 7 Q. In terms of notice to the public regarding the 8 draft EA, you had talked about the OEQC, what does 9 that stand for? 10 A. The Office of Environmental Quality Control . 11 Q• And what ' s their role with respect to 12 distributing or having that information regarding the 13 draft EA available to the public? 14 A. OEQC acts as a clearing house for all of the 15 EAs and EISs that are prepared, so they publish on a 16 bi-weekly basis a newsletter, if you will, called the 17 Environmental Notice. And that lists all of the -- it 18 gives a brief summary of all of the EAs and EISs that 19 are available or have been made available within that 20 two-week period. And they also host a website which 21 has an archive of EAs and EISs where the public can 22 access all of these documents . 23 Q. A question was brought up about a social 24 impact analysis being done, do you recall that 25 question? SPP No. 12-000138 Page No. 002905 10 1 A. Yes . 2 Q. What is a social impact analysis, and what 3 would trigger that? Is that a term of art in your q industry? 5 A. Like I said, in my experience, we never had -- 6 I think, actually, there is only one EA that I ' ve 7 worked on where a social impact analysis was done, and 8 that was for -- it was for an Army Corp project, and 9 it was for a stream and drainage improvements . And 10 typically, they' ll look at -- or at least the one that 11 I saw, it looked at -- and in this case, because these 12 proposed improvements would require taking of people ' s 13 property in order to improve the stream and drainage, 14 where I did look at sort of the impacts of that, the 15 economic impacts, you know, to these residents . And, 16 again, in my experience, I haven ' t seen very many of 17 these, so I don' t know specifically what goes into 18 some of these -- independent social impacts. 19 Q. And you know what would trigger the necessity 20 for that kind of analysis? 21 A. I cannot say specifically, again, because the 22 projects that I worked on so far have never 23 necessitated one like that . 24 Q• Okay. Thank you. 25 MR. HONG: No further questions . SPP Na. 12-000438 , Page Na. 002906 11 1 THE HEARINGS OFFICER: Ms . Shen, I have 2 several questions . 3 First of all, on the environmental impact 4 assessment that you were talking about, the document 5 that you were talking about was one prepared under 6 Chapter 343 of the Hawaii Environmental Impact 7 Statement law? 8 THE WITNESS: That ' s correct . 9 THE HEARINGS OFFICER: Is an environmental 10 assessment required on all land projects that you work 11 on? 12 THE WITNESS: No, it depends . What triggers 13 -- 14 THE HEARINGS OFFICER: And I 'm asking about an 15 environmental impact statement under Chapter 343, the 16 State law. 17 THE WITNESS: No, it ' s not required for all 18 projects . Again, it depends whether it uses State 19 land or State funds, or in some cases certain permits 20 require an EA. 21 THE HEARINGS OFFICER: Okay. What was the 22 trigger for this particular project? 23 THE WITNESS: The use of State Land land. 24 THE HEARINGS OFFICER: Okay. 25 THE WITNESS: So the EA in this particular SPP No. 12-000138 Page No. 002907 12 1 case, it was required as part of the leasing process 2 with DLNR. 3 THE HEARINGS OFFICER: And that was -- you 4 finished the process in what -- what year? 5 THE WITNESS : 2010 the final EA was issued in 6 2010 . 7 THE HEARINGS OFFICER: And that was before the 8 special permit was applied for, is that correct? g THE WITNESS : Yes . 10 THE HEARINGS OFFICER: There is a process 11 where if somebody' s dissatisfied with the 12 environmental assessment, they can appeal the decision 13 to accept it? 14 THE WITNESS : There is a -- for an EA, there 15 is a, I believe, it ' s a thirty-day period after the 15 final EA is issued. 17 THE HEARINGS OFFICER: Did anybody contest 18 your final environment assessment in this case? 19 THE WITNESS : No. 20 THE HEARINGS OFFICER: Now, were you involved 21 in preparing the special permit application in this 22 case? 23 THE WITNESS : Yes . 24 THE HEARINGS OFFICER: And just one more 25 question, does the special permit trigger an SPP No. 12-000138 Page No. 002908 13 1 environmental assessment, that application? 2 THE WITNESS : I believe in my understanding, 3 no, it specifically does not . 4 THE HEARINGS OFFICER: Okay. Did you prepare 5 -- I noticed from the record, that the application was 6 submitted by Mr. Hong. 7 THE WITNESS : Yes . 8 THE HEARINGS OFFICER: Did you work on that 9 application at all? 10 THE WITNESS : Yes, I did. 11 THE HEARINGS OFFICER: And the narrative for 12 the application, was that the document that you 13 prepared? 14 THE WITNESS : Yes . 15 THE HEARINGS OFFICER: All right . Ms . Shen, 16 also since you' ve been involved with this project and 17 did an environmental assessment for the State lease, 18 as a land use planner, you' re familiar with the 19 categories -- the classification of this land? 20 THE WITNESS : Yes . 21 THE HEARINGS OFFICER: Besides being ag, do 22 you know -- do you know what the County general plan 23 designation for it is? 24 THE WITNESS : Yes, it ' s -- it ' s low density 25 urban. SPP No. 12-000138 , Page No. 002909 14 1 THE HEARINGS OFFICER: And it ' s in the State 2 agriculture district? 3 THE WITNESS : It ' s the State ag district, 4 correct . 5 THE HEARINGS OFFICER: And that ' s why you ' re 6 applying for the special permit? 7 THE WITNESS : Correct . 8 THE HEARINGS OFFICER: Did you consider g whether or not instead of a special permit, you should 10 have sued the boundary land for this project? 11 THE WITNESS : We did not consider that as an 12 option, as for us, it seemed the specialty permit was 13 the appropriate way to move this project forward. 14 THE HEARINGS OFFICER: And why did you believe 15 that the special permit was appropriate? 16 THE WITNESS : Because schools are allowed in 17 the agriculture zone . Looking at the zoning code it ' s 18 an allowable use with the special permit. It ' s also a 19 State Land land use ag. So the zoning code makes no 20 distinction on the size of the project . So just 21 following the code, it ' s -- it says that schools are 22 allowable in an ag district given a permit, so that ' s 23 -- that ' s the route that was followed. 24 THE HEARINGS OFFICER: Also, I think early 25 this morning, you' ve talked about A and B ag lands SPP No. 12-000138 Page No. 002910 15 1 versus the soil classification of D. Isn ' t it true 2 that there ' S no A and B ag lands either in Hilo or in 3 the lower Puna District? 4 THE WITNESS : I cannot answer that with 5 certainty. I don ' t know the ag classifications 6 throughout the area. 7 THE HEARINGS OFFICER: But the A and B ag land 8 and the protections for A and B ag lands is not an 9 issue in this permit, is that correct? 10 THE WITNESS : Correct . 11 THE HEARINGS OFFICER: Also from your -- 12 perspective as a land use planner, if -- what -- 13 considering the zoning, and assuming that the State 14 agreed to it, what could be done with this property 15 other than special permit? 16 THE WITNESS : Under its current -- under its 17 current State Land land uses only? 18 THE HEARINGS OFFICER: Right . 19 THE WITNESS : Other agricultural uses could be 20 done on the property, crop production, livestock. 21 THE HEARINGS OFFICER: Could it be subdivided? 22 THE WITNESS : I believe it could be as long as 23 the result in subdivision continue to maintain the 24 agriculture use as the primary use of the land. 25 THE HEARINGS OFFICER: Okay. And you don' t SPP No. 12-000138 Page No. 002911816 1 know -- do you know anymore of what could be done in 2 subdividing in this County for this project? 3 THE WITNESS : No, not specifically. 4 THE HEARINGS OFFICER: All right. I don ' t 5 have any other questions . 6 Mr. Hong, do you have any questions based on 7 my questions? 8 MR. HONG: No, thank you . 9 THE HEARINGS OFFICER: Mr. Siu? 10 MR. SIU : No questions . 11 THE HEARINGS OFFICER: Ms . Self? 12 MS . SELF: Nothing further. 13 THE HEARINGS OFFICER: Mr. Gomes? 14 MR. COMES : No further questions . 15 THE HEARINGS OFFICER: Thank you very much for 16 your time . You ' re excused as a witness . 17 Mr . Hong, there are several witnesses waiting 18 outside . I don ' t know who you ' re going to call first, 19 because some of the physicians work at the hospital 20 that you may want to -- Dr. Camacho is here . David 21 Camacho, he ' s a physician. He ' s a radiologist at Hilo 22 Hospital . 23 MR. HONG: And Dr. Peng is outside? 24 THE HEARINGS OFFICER: Not yet, he should be 23 here pretty soon . SPP No. 12-000138 ,. Page No. 002912 17 1 MR. HONG: Okay. My plan was to take 2 Mr. Yokota next, but -- but yeah -- I ' ll take 3 Mr. Yokota . 4 You know, given the time, and I 'm going to 5 narrow our case a little bit, and thank 6 Dr . Camacho for appearing, we ' re going to release him 7 -- given his time situation, but we would like to 8 start with Mr. Yokota . 9 THE HEARINGS OFFICER: Thank you . 10 We ' ll strike Mr, Camacho from your witness 11 list, and we ' ll advise him that he can leave . 12 MR. HONG: Right . 13 THE HEARINGS OFFICER: Just one more thing, 14 Mr. Kanemoto, Mr . Gomes, since he ' s your witness, how 15 long do you think he ' ll take? 16 MR. COMES : I hope not more than fifteen 17 minutes . 1B THE HEARINGS OFFICER: Take a seat . 19 MELVIN YOKOTA 20 called as a witness by and on behalf of the Applicant, 21 after having first been duly sworn, was examined and 22 testified as follows : 23 Could you please state your full name and your 24 address? 25 THE WITNESS: Melvin Yokota, 1358A SPP No. 12-000138 %t Page No. 002913 18 1 Mele Manu Street . 2 THE HEARINGS OFFICER: Thank you . 3 Mr. Hong, would you proceed? 4 DIRECT EXAMINATION 5 BY MR. HONG: 6 Q. Mr. Yokota, you were issued a subpoena and 7 subpoena duces tecum, correct? 8 A. Yes . 9 Q. Pursuant to the subpoena duces tecum, did you 10 bring any records? 11 A. My resume . 12 Q• No other records? 13 A. No. 14 Q• May I have your resume then? 15 MR. HONG: Just for the record, the witness 16 has handed me a copy of his resume . 17 BY MR. HONG: 18 Q. And this is your current resume, is that 19 right? 20 A. Yes, it is . 21 Q. When did you work on this resume last? 22 A. That was done by our corporate marketing 23 department maybe two or three months ago. 24 Q• Did you have any input in terms of what the 25 narrative is regarding where it says experience and SPP No. 12-000138 Page No. 00291431 1 summary? 2 A. Yes, I did. 3 Q. You told them what to write? 4 A. Yes . 5 Q. Okay. You are an electrical engineer, is that 6 right? 7 A. Yes . 8 Q. You previously used to work for HHMI 9 Corporation, is that correct? 10 A. Yes . 11 Q. And explain to us what does HHMI Corporation 12 do? 13 A. HHMI Corporation was an electrical engineering 14 firm, and was bought out by Power Engineers . 15 Q• And in terms of HHMI, how long had you been 16 working there before they were bought out by Power 17 Engineers? 18 A. Since 1979 . 19 Q• And you are a licensed electrical engineer? 20 A. Yes . 21 Q. And do you hold any other licenses? 22 A• No. 23 Q. Are you a professional engineer? 24 A. Yes . 25 Q• And have you been licensed as a professional SPP No. 12-000138 Page No. 002915 20 1 engineer? 2 A. Yes . 3 Q. And is that in the State of Hawaii or any 4 other state? 5 A. Yes, in Hawaii, and originally in 1976 also in 6 Colorado, but that license went inactive . 7 Q. So you hold two engineering licenses, 8 professional engineer and electrical engineer, 9 correct? 10 A. No, it ' s only one license. 11 Q. It ' s only one license? 12 A. Yes . 13 Q. But your engineering discipline is electrical 14 engineering? 15 A. Yes . 16 Q. You recall testifying at the two public 1-/ hearings before the Planning Commission? 18 A. Yes . 19 Q. And I 'm referring to page 1581 and also page 20 1836 in your verbal testimony, your oral testimony 21 before the Planning Commission, you never identified 22 yourself as an electrical engineer, correct? Yes? 23 A. Correct . 24 Q. And in terms of your written testimony that is 25 here on page 1329, you identify yourself as a SPP No. 12-000138 Page No. 002916 21 1 consulting engineer and not electrical engineer, 2 correct? 3 A. That ' s correct . 4 Q. And then yesterday, when you testified you 5 submitted your public testimony, that was the first 6 time you identified yourself in these particular 7 proceedings as an electrical engineer, correct? 8 A. Yes . 9 Q. And were you familiar --- in terms of your last 10 position with HHMI Corporation, that was the senior 11 electrical engineer, the vice-president -- what was 12 your title? 13 A. At the end it was vice-president and principle 14 electrical engineer. 15 Q. And you ' re familiar with the HHMI website 16 before Power Engineers bought it out? 17 A. Somewhat, I didn ' t get involved in putting 18 that together. 19 Q. All right . Let me show you what we' ll mark 20 for identification as A-22 . And I ' ll represent this 21 is downloaded from the HHMI website . Why don ' t you 22 look at this in terms of the company description and 23 see if you recognize that? And may the record reflect 24 that I 'm handing out copies to the other parties -- 25 oh, I only got two . SPP No. 12-000138 Page No. 002917 22 1 A. Okay. 2 Q. Does that look familiar? 3 A. Yes . 4 Q. And is that a fair and accurate statement of 5 what HHMI Corporation did? 6 A. In parts . 7 Q. In parts? 8 A. Yes . 9 Q. Well, let me ask this question. In terms of 10 the company description, or what your company did, 11 HHMI, did it ever do TZAR, traffic impact analysis 12 reports? 13 A. No . 14 Q. In terms --- you submitted a quote, "An 15 abbreviated study on the traffic impact on greater 16 Hilo resulting from siting of Connections School at 17 Kaumana, " and I just note for the record it ' s at page 18 1331. You recall that? 19 A. Yes . 20 Q. And you submitted your other report yesterday? 21 A. Yes . 22 Q. A project manager ' s review? 23 A. Yes . 24 Q. And what training have you had in terms of 25 traffic analysis or impact analysis? SPP No. 12-000138 Page No. 002918 2 3 1 A. I haven ' t had training in analysis of traffic, 2 but I have done traffic-related work. 3 Q. When you say traffic-related work, that means 4 what, putting in stop lights or the wiring for stop 5 lights? 6 A. Putting together plans and specs for 7 signalization of intersections and roadway lighting. 8 Q. Okay. So the lights on the roads and also the 9 stop lights, yeah? 10 A. Yes . 11 Q. Okay. In terms of your written testimony on 12 page 1803, you criticized the delivery of four hundred 13 students each morning, and you asked the question, 14 that wouldn' t add to the negative impact, do you 15 recall that? 16 A. Yes . 17 Q• When you' re saying four hundred students, 18 you ' re talking about when the entire project is built 19 out, right? 20 A. Yes . 21 Q. You weren' t looking at the phases, right? 22 A. That ' s correct . 23 Q. Okay. You ever heard of or received any 24 communications from a website "no Connections 25 ever . com"? SPP No. 12-000138 ti Page No. 002919 24 1 A. I don' t recall that website name. 2 Q. Anybody ever send you any e-mail from that 3 website? 4 A. I only look at e-mails from persons that I 5 know. 6 Q. Okay. You know Layne Novak? 7 A. Yeah, I do. 8 Q. And did she ever send you e-mails from that g "no Connections ever. com"? 10 A. I had e-mails from Layne Novak. 11 Q. And was that from the "no Connections 12 ever . com" address? 13 A. No -- I don' t know. I don ' t know, I look at 14 the names . 15 Q• Do you know who the person was -- ' cause 16 you ' re sitting here under oath, who the person was 17 that defaced or vandalized the school with bumper 18 stickers "no Connections" on October 17 or 18, 2012? 19 A. I have no idea . 20 Q• Okay. In terms of future design, would you be 21 willing to sit on a campus design committee for 22 Connections to help minimize the impacts of the 23 neighborhood? 24 A. I would be willing to provide input . 25 Q• Okay. Thank you. SPP No. 12-000138 ti Page No. 002920 325 1 MR. HONG: No further questions . 2 THE HEARINGS OFFICER: Mr. Siu? 3 MR. SIU: I have no questions . 4 THE HEARINGS OFFICER: Ms . Self? 5 MS . SELF: No questions . 6 THE HEARINGS OFFICER: Mr . Gomes? 7 MR. GOMES : I have a few questions, yes . 8 CROSS EXAMINATION 9 BY MR. COMES : 10 Q. Mr. Yokota, you testified that you ' re an 11 electrical engineer? 12 A. Yes . 13 Q. Does your work involve any traffic-related 14 work? 15 A. On occasion, yes, but now as project manager, 16 I will put together design teams for 17 multi-disciplinary projects, and I ' ll retain civil 18 engineers to do roadway designs, and other specialists 19 that is needed. 20 Q. You mentioned that you are a project manager, 21 correct? 22 A. Yes . 23 Q. What does a project manager do? 24 A. In our field, the project manager -- if we ' re 25 a subconsultant we ' ll manage just their portions of SPP No. 12-000138 Page No. 00292132 6 1 the project, their specialty. But on occasion, my 2 firm acts as a prime consultant, where we retain half 3 a dozen or more different specialties, and we are 4 responsible for coordinating the scope -- work scope 5 definition, who does what, pre-negotiations . And then 6 when we get into the project design, we ' re responsible 7 for collating all the work of the disciplines, and 8 doing the final quality control check before we make 9 the sign-ups and submittals to the County. 10 Q. 5o you do work with specialty consultants? 11 A. All the time. 12 Q. Do you perform reviews of their work? 13 A. All the time. 14 Q. Why? 15 A. As the prime consultant, it is our 16 responsibility to make sure that all of our teams work 17 dovetail together and make sure everything fits, and 18 in the final product it works as intended. 19 Q. Why do you say a water well should be in 20 Connections plans now? 21 A. Okay. In looking at the special assessment, 22 all of my statements are based on what I see in the 23 special assessment or environmental assessment for the 24 special permit . And I looked at the information 23 provided by the school on the number of students . I SPP No. 12-000138 Page No. 002922 27 4 , 1 looked at the square footage of the roofs . I looked 2 at some of the preliminary numbers that were discussed 3 as to what the water supply department could allocate 4 to the property. I went online to investigate or 5 research rainfall data for Kaumana . 6 And in my reviews, the projected rainfall that 7 the study says it can be collected per day was about 8 thirty-thousand gallons . And that is consistent with g the average rainfall data. 10 In my business we always consider worst case 11 to make sure that in planning we make sure that all of 12 the facilities that may ultimately be required for a 13 project is considered in the initial design and site 14 layout . Because if we design a project halfway, and 15 decide, oh, my gosh, we don' t have room to put in what 16 we really need, then we haven ' t done our job properly. 17 Q. And in your work, do you leave details until 18 final design? 19 A. we are involved heavily in Federal contracting 20 work. And the way the Federal government funds 21 projects, when we assist the government in planning 22 projects for future funding, we have to take all of 23 the contingencies into account to make sure that the 24 agencies request enough funding to do a complete build 25 out that ' s complete, and fully functional . SPP No. 12-000138 Page No. 002923 328 1 Q• Is it possible to predict project needs during 2 conceptual design? 3 A. We do that all the time in Federal projects . 4 There ' s a lot of considerations that go into design, 5 but we can start with worst case conditions to 6 identify, hey, what is the maximum amount of power, or 7 water, or sewer facilities that will be needed for the 8 site . 9 Q. Is that how you do it? 10 A. Yes . 11 Q. And why do you do that? 12 A. As I said, for Federal projects, you only get 13 one shot at obtaining funding, and we have to make 14 sure that all of the facilities that might be required 15 to complete the project is considered in estimating 16 what the project will actually cost . 17 Q. Is it usual practice to figure out worst case 18 conditions during concept development? 19 A. In our case, yes, because if we fail to 20 consider what will be required during design of a 21 project and construction, if something that wasn ' t 22 included is actually found to be required, the 23 consultant could be responsible for omissions . 24 Q. And who do you do this worst case design for? 25 A. In general, for Federal agencies . SPP No. 12-000138 Page No. 002924 329 l Q. Getting back to the traffic, if you ' re not a 2 practicing traffic engineer, why did you bother to do 3 your so-called traffic analysis? 4 A. I have to drive through the traffic every day, 5 and my experience is -- my work normally starts at 6 eight o ' clock. If I drive to my office between 7 seven-fifteen and eight o' clock on a school day, I 8 encounter long backups on the Kaumana and Mohouli 9 extension, and also at the Mohouli extension and 10 Kaumana Drive intersection. Sometimes I have to wait 11 for three cycles -- three five-minute cycles before I 12 can clear that section. 13 And just thinking about how much -- how many 14 students are going to be coming up to Kaumana School, 15 and realizing that a lot of parents may be dropping 16 their kids off and driving back down in the morning, I 17 thought about how many vehicles are going to be added 18 to those traffic delays . If you consider one hundred 19 vehicles going through the Mohouli extension and 20 Komohana Drive intersections, you could easily get 21 another six five-minute cycles in that one hour . 22 Q. Thank you very much. 23 MR. GOMES : No more questions . 24 THE HEARINGS OFFICER: Mr. Hong, any redirect? 25 MR. HONG: Briefly. SPP No. 12-000138 Page No. 002925 30 1 REDIRECT EXAMINATION 2 BY MR. HONG: 3 Q. If you can take a look at page 1330, and at 4 the end, could you read that last paragraph for me 5 please, beginning with the word "it"? 6 A. Okay. "It is my professional opinion that 7 this special permit application is deficient and must 8 not be approved. " 9 Q. So that was in your professional opinion as an 10 electrical engineer? 11 A. As a project manager. 12 Q. As a project manager. 13 How many special permit applications have you, 14 as a project manager, handled in the County of Hawaii? 15 A. I haven ' t done any in the County of Hawaii . 16 Q. All right . 17 MR. HONG: At this time, we offer into 18 evidence what has been marked for identification as 19 A-22, which is the original and copies of Mr. Yokota ' s 20 curriculum vitae . And in terms of A-23, it -- A-23 is 21 going to be he a copy of the HHMI Corporation Company 22 description . 23 THE HEARINGS OFFICER: Mr. Siu, do you have 24 any objections to A-22 or A-23? 25 MR. SIU : I have objection. SPP No. 12-000138 Page No. 002926 31 1 THE HEARINGS OFFICER: Ms . Self, do you have 2 any objections? 3 MS . SELF: No objections . 4 THE HEARINGS OFFICER: Mr. Gomes? 5 MR. GOMES : No objections . 6 THE HEARINGS OFFICER: Then I will admit into 7 evidence Exhibits A-22 and A-23 . 8 Mr. Hong will provide me with a copy. 9 MR. HONG: Yes . 10 Thank you. I have nothing further for 11 Mr. Yokota. 12 THE HEARINGS OFFICER: Mx. Yokota, thank you 13 very much. You ' re excused. 14 MR. HONG: And our next witness would be -- 15 THE HEARINGS OFFICER: Dr. Peng is here . 16 We ' ll call Dr. Peng now. 17 MR. HONG: That would be PCL planning economic 18 record page 409. 19 THE HEARINGS OFFICER: 409 . 20 MR. HONG: And then we ' re going to -- after 21 that, 1346. 22 THE WITNESS : Hi . 23 THE HEARINGS OFFICER: Good morning . 24 Can you please raise your right hand? 25 THE WITNESS : Sure . SPP No. 12-000138 Page No. 002927 332 1 MING PENG 2 called as a witness by and on behalf of the Applicant, 3 after having first been duly sworn, was examined and 4 testified as follows : 5 THE HEARINGS OFFICER: Thank you. Could you 6 please state your full name and give us your address? 7 THE WITNESS : Ming Peng, 1547 Mele Manu 8 Street. 9 THE HEARINGS OFFICER: You can put your hand 10 down. 11 THE WITNESS : All right . 12 DIRECT EXAMINATION 13 BY MR. HONG: 14 Q. Thank you, Dr. Peng. 15 If you take a look at page 409 in front of you 16 -- 17 A. Yeah. 18 Q. -- do you recall that particular e-mail that 19 is dated October 12, 2012? Do you see that? 20 A. Yes . 21 Q. And let me show you pages 1346 and 47 of the 22 Planning Commission record, do you recognize that 23 particular document that you submitted? 24 A. Yes . 25 Q. And that ' s a fair and accurate copy of your SPP No. 12-000138 Page No. 002928 333 1 initials at the bottom on page 1347? 2 A. Yes . 3 Q. You also submitted other written testimony, I 4 just note for the record pages 1802, 1922 . 5 In terms of your objection to the project, 6 your objection to the project is based on the total 7 built-up project, that ' s where you get your number 8 four hundred or five hundred students? 9 Let me rephrase my question, Doctor . You 10 understand that in terms of this project, it ' s going 11 to be done in phases, correct? 12 A. That is correct . 13 4- And your objections, you said, in your e-mail? 14 A. Yes . 15 Q. You sent a letter, and your letter is at 1346, 16 1347, which you identify as five hundred students or 17 four-hundred-plus students in 409, your objection 18 primarily is to the entire project? 19 A. Yes . 20 Q. You characterized -- 21 THE HEARINGS OFFICER: Excuse me, Dr. Peng, 22 can you use the microphone? 23 THE WITNESS: Oh, sorry. 24 MR. HONG: Oh, sorry. 25 BY MR. HONG: SPP No. 12-000138 Page No. 002929 334 1 Q. You characterized in your letter, 1346, 2 "Identifying increasing unquantifiable levels of 3 physical and psychological stress among the 4 neighbors, " you see that? 5 A. Yes . 6 Q. And that was based on your professional 7 opinion, you did some kind of diagnosis of the people 8 in the community? 9 A. No. 10 Q. That ' s just your opinion as an individual? 11 A. That is correct . 12 Q. Okay. In terms -- have you -- excuse me. 13 "No Connections ever. com, " have you ever heard 14 of that website or received an e-mail from that 15 particular website? 16 A. I have received e-mails . 17 Q. All right . And who is -- is -- the person in 18 charge of that website or e-mail? 19 A. I received it from Layne Novak. 20 Q. Okay. Since you ' re under oath, do you know 21 who defaced and vandalized the school with "no 22 connection" bumper stickers on October 17th and 18th 23 of 2012? 24 A. No. 25 Q. And in terms of the -- one of the things that SPP No. 12-000138 Page No. 002930 335 1 the applicant or the school is going to implement, if 2 we get further along this process, is to create a 3 campus design committee and have members of the 4 committee sit on and participate as members of that 5 design committee to help minimize impacts on the 6 community. Would you be willing to do that? 7 A. Yes . 8 Q. Thank you. 9 MR. HONG: Nothing further. 10 THE HEARINGS OFFICER: Mr. Siu, any cross 11 exam? 12 MR. SIU : I do not have anything. 13 THE HEARINGS OFFICER: Ms . Self? 14 MS . SELF: No. 15 THE HEARINGS OFFICER: Mr. Games? 16 MR. COMES : No questions . 17 THE HEARINGS OFFICER: Thank you very much, 18 Doctor . 19 MR. HONG: Your Honor, our next witness would 20 be Mr. Yoshioka -- Terrence Yoshioka . 21 THE HEARINGS OFFICER: Do we want to take a 22 another witness? 23 Can we take another witness? Mr. Yoshioka is 24 going to be here in fifteen minutes or do we want to 25 take Mr . Gomes ' witness? SPP No. 12-000138 Page No. 002931336 36 1 MR. HONG: Um, since we were unable to serve 2 Mr. Fuke, we were going to call Mr . Yoshioka as our 3 last witness . And then pending the further hearing 4 with Bobby Jean Leithead Todd on November 12, and 5 Phillip Rowell, that would be it for our witnesses . 6 THE HEARINGS OFFICER: Okay. So Jan Yokota, 7 you want to release as a witness? 8 MR. HONG: Yes . 9 THE HEARINGS OFFICER: Okay. And I 'm just 10 looking through your witness list, so Allen Novak, 11 June Sakamoto, Jan Yokoyama, Jason Phillip Turner -- 12 MR. HONG: Let me -- I ' d like to take the 13 testimony of Allen Novak. 14 THE HEARINGS OFFICER: Allen Novak. But 15 Jan Yokoyama, you want to strike as a witness? 16 MR. HONG: Yes . 17 THE HEARINGS OFFICER: And Jason Phillip 18 Turner? 19 MR. HONG: Yes . We ' re going to start 20 releasing people . 21 THE HEARINGS OFFICER: And Jennifer Sims? 22 MR. HONG : Jennifer Sims -- oh, no. 23 THE HEARINGS OFFICER: You don ' t want her as a 24 witness? 25 MR. HONG: No. SPP No. 12-000138 Page No. 00293 337 1 THE HEARINGS OFFICER: And Glenn Tada? 2 MR. HONG: Mr. Glenn Tada testified yesterday. 3 THE HEARINGS OFFICER: Yesterday, that ' s 4 right . 5 But June Sakamoto, you no longer want? 6 MR. HONG: No. I 'm just trying to -- 7 THE HEARINGS OFFICER: And Layne Novak? 8 MR. HONG: Layne Novak, we ' ve been unable to 9 serve her . 10 THE HEARINGS OFFICER: Kristen Kua? 11 MR. HONG: Kris, he ' s actually our witness but 12 we ' re going to hold him in rebuttal . 13 THE HEARINGS OFFICER: And Steve Tomei? 14 MR. HONG: Yeah, we ' re not going to have him 15 testify. 16 THE HEARINGS OFFICER: All right . So for 17 right now, it ' s -- is Allen Novak here to call? 18 MR. HONG: Yes, please. 19 In terms of Mr . Novak, page 405 . 20 THE HEARINGS OFFICER: You want to raise your 21 right hand? 22 ALLEN NOVAK 23 called as a witness by and on behalf of the Applicant, 24 after having first been duly sworn, was examined and 25 testified as follows : SPP No. 12-000138 Page No. 002933 338 1 Could you provide us with your full name and 2 your address? 3 THE WITNESS : Allen L. Novak, address is 4 1414C Mele Manu Street in Hilo. 5 THE HEARINGS OFFICER: Thank you. 6 Mr . Hong, please proceed. 7 MR. HONG: Thank you. 8 DIRECT EXAMINATION 9 BY MR. HONG: 10 Q• Good morning, Allen. 11 A. Good morning. 12 Q. I want to refer you to page 405 in the record. 13 You recognize that as an e-mail that you sent on 14 October 9, 2012? 15 A. I believe it is . 16 Q• One of the objections that you had at the top 17 of your e-mail is first -- oh, excuse me, the second 18 sentence, "I 'm opposed, " and it basically says, "It 19 will significantly change the character of the 20 neighborhood, which is entirely residential, " do you 21 see that? 22 A. Yes . 23 Q• And in terms of the zoning for your particular 24 lot, what is the zoning to your knowledge? 25 A. I believe it ' s residential . SPP No. 12-000138 Page No. 002934 339 1 Q. Okay. Not agricultural 1? 2 A. No, I believe it ' s residential . 3 Q. And what ' s the basis of your belief? 4 A. My tax -- my annual tax bill is identified as 5 residential . 6 Q. Okay. And the next part says, "The greatest 7 impact on traffic -- you ' re concerned about 8 transporting well over three hundred students and 9 faculty and staff to support the operations, " do you 10 recall that? 11 A. Yes . I see it here. 12 Q. And you ' ve testified at the Planning 13 Commission, and you ' ve been pretty consistent about 14 the traffic being one of your concerns, correct? 15 A. Traffic is one of the concerns yes . 16 Q. And you understand this project is a 17 phased-in project, it will go by phases? 18 A. Well, I ' ve heard a couple of presentations . 19 One of them said something to do with starting out 20 small and then growing to make it bigger. 21 Q. Would it be fair to say that your concern 22 about the traffic impact is when the entire project is 23 built out? 24 A. No. My concern would be the added volume of 25 traffic that would occur in a very narrow range of SPP No. 12-000138 Page No. 002935 340 1 time . The students arriving for school in the 2 morning, the faculty arriving in the morning, the 3 custodial and maintenance staff all arriving within a 4 very short period of time . And about the time that 3 the people would be trying to exit from the 6 neighborhood, which is a dead-end street, the only way to get in and out of the neighborhood is at Edita 8 Street, right where the school ' s entrance is proposed. 9 So that Edita street, being a very narrow two 10 lanes, as is Kaumana Drive where Edita intersects with 11 Kaumana Drive also once again, is a very narrow two 12 lanes . But this is going to be high volume for a 13 short period of time in the morning and in the 14 afternoon, and at times where people are probably 15 going to be trying to use Edita Street to enter or 16 exit the subdivision. 1-7 Q. So in terms of your concerns that you just 18 expressed, are you saying that would happen at the 19 initial first phase, or would that more likely happen 20 at the end when the project is built up? 21 A. I think it would start with the official phase 22 and grow as time went on, probably as the school took 23 on more students and more faculty and more staff, 24 probably continue to get worse . 25 Q. Okay. SPP No. 12-000138 W Page No. 002936 41 1 A. There would be left turns off of Kaumana 2 Street to get into Edita in the morning, and there ' d 3 be left turns off of Edita to the school in the 4 morning. So it would create congestion at both of 5 those points . 6 Q. Okay. In terms of -- have you ever heard of 7 the website "no Connections ever. com"? 8 A. I have heard of it . g Q. Did you participate in establishing, or 10 supporting, or maintaining that particular website? 11 A. No . 12 Q. Do you know who is associated with that 13 website? 14 A. As I understand, it ' s just a website that is 15 used for communication amongst the people within the 16 neighborhood. 17 Q. Do you know who started it to your knowledge? 18 A. No, I don' t know. 19 Q. Since you' re here under oath, do you know who 20 defaced and vandalized the school on October 17th and 21 18th, 2012? 22 A. No, I do not . 23 Q. And one of the things that the -- one of the 24 things that the school is intending to do is create a 25 campus design committee to help minimize the impacts SPP No. 12-000138 Page No. 002937342 1 in the neighborhood by the placement of the campus . 2 You know, if we get to that point, would you be 3 willing to sit in and participate in on that 4 committee? 5 A. Yeah. Actually, I met a couple times with 6 folks from Connections School up at the Kaumana 7 Elementary School . And I believe they had a meeting 8 in their own facility in the Kress building. I know 9 especially the one at the Kress building, they -- Eric 10 White, I believe, was the one that was running that 11 meeting. And he started out the meeting by explaining 12 that he had the goal of creating cooperation amongst 13 the community. 14 I attended the meeting. I stood there for 15 quite a while, and even asked couple of questions . I 16 can' t remember the questions, but it became very 17 frustrating to me, because it became very apparent 18 that as members of the community expressed a concern 19 about the particular issues, such as the congestion at 20 Kaumana Drive, and Eric White says, "Well, we ' re all 21 legally required to do" --- it became apparent that the 22 intent wasn ' t to try to accommodate the concerns of 23 the community. The intent was to legally, minimally 24 get away with. So I lost a lot of confidence and 25 faith in the intent of Connections . I mean it ' s easy SPP No. 12-000138 Page No. 002938 93 1 to say the words, "We want to cooperate, we want to 2 hear what you have to say, " but I saw no action in 3 that direction . 4 Q. That was your impression? 5 A. That was my impression. 6 Q. All right . You' re familiar with the -- it ' s 7 Pacific Plantation subdivision, is that the name? 8 A. I believe it is, yes . 9 Q. And you have CCRs, covenants, restricted 10 covenants for that particular subdivision? 11 A. There is a covenant, I think it governs the 12 size of the house, something like twelve hundred 13 square feet, if my memory serves me right . And -- no, 14 I believe, farm animals, or certain number, you know, 15 it would be very hard to keep cows and horses on your 16 residential property. 17 Q. It actually goes a little further, doesn ' t it, 18 prohibit any agricultural use? 19 A. In the covenants? 20 Q. Yes . 21 A. I can ' t say, that ' s news to me. Maybe it 22 does, I don ' t know. 23 Q. Okay. Thank you. 24 MR. HONG: I have no further questions . 25 THE HEARINGS OFFICER: Mr. Siu, cross exam? SPP No. 12-000138 Page No. 002939 344 1 MR. SIU: I have no questions . 2 THE HEARINGS OFFICER: Ms . Self? 3 MS . SELF: I have no questions . 4 THE HEARINGS OFFICER: Mr. Gomes? 5 MR. COMES : I have a couple questions . 6 CROSS EXAMINATION 7 BY MR. GOMES : 8 Q. Are you aware that at the school Mr . Hong 9 speaks of that was defaced there are security cameras 10 posted with a large sign that says, "Security cameras 11 are for your safety"? 12 A. No, I don ' t know that . Are you talking about 13 the location of the Kress building? 14 Q• Yes . 15 A• No, I wasn ' t aware of that . 16 Q. In your opinion, if there are security 17 cameras, wouldn ' t it have caught someone defacing the 18 school? 19 A. I would expect so, yes . 20 MR. COMES : No more questions . 21 THE HEARINGS OFFICER: Thank you, Mr. Novak. 22 THE WITNESS : Thank you. 23 THE HEARINGS OFFICER: You may be excused. 24 Mr. Hong, you ' re not resting your case since 25 you have additional witnesses? SPP No. 12-000138 Page No. 002940 345 1 MR. HONG: That is correct . 2 THE HEARINGS OFFICER: You have no other 3 witnesses today? 4 MR. HONG: Other than Mr . Yoshioka. 5 THE HEARINGS OFFICER: May we take Mr. Gomes ' 6 witness since they need to leave? I don' t think that 7 would be very, very long. 8 MR. HONG: Sure, this would be -- 9 MR. GOMES : Wayne Kanemoto. 10 THE HEARINGS OFFICER: Mr. Gomes, while we ' re 11 waiting, I 'm looking at your witness list, are you 12 planning to call all of the witnesses? 13 MR. GOMES : The other witness I 'm planning to 14 call is Dana Kenny. 15 THE HEARINGS OFFICER: Good morning. 16 Could you please raise your right hand? 17 WAYNE KANEMOTO 18 called as a witness by and on behalf of Mr . Gomes, 19 after having first been duly sworn, was examined and 20 testified as follows : 21 Could you say please state your name and give 22 us your address? 23 THE WITNESS : My name is Wayne Kanemoto. I 24 live at 13533 Mele Manu Street in Hiio . 25 THE HEARINGS OFFICER: I 'm sorry, Mr. Gomes, SPP No. 12-000138 E Page No. 002941346 1 this is your witness, please proceed. 2 DIRECT EXAMINATION 3 BY MR. COMES: 4 Q. Mr . Kanemoto, what do you do for a living? 5 A. I 'm a retired school administrator . 6 Q• What are your qualifications and background? 7 A. I have a master ' s in education, curriculum 8 instruction, and school administration. g Q. And any National Guard background? 10 A. I have training from the military in 11 operations . 12 Q. Any security training in the National Guard? 13 A. In a general sense, I was the operations 14 officer, so I had to deal with classified information. 15 Q. Are you familiar with the ed specs for high 16 schools in the State of Hawaii? 17 A. I have seen them and reviewed them. 18 Q. Is this document designed to be a law that all 19 schools must follow or just a guideline? 20 A. Oh, it ' s a guideline that the department put 21 together to use . 22 Q. Are you aware that John Thatcher quotes this 23 document in his public testimony on page 183 to the 24 County? 25 A. I 'm not -- I ' ve just heard about it, really, SPP No. 12-000138 Page No. 002942 347 1 not specifically. 2 Q. Why do you think he would quote the ed specs 3 if he doesn' t intend to follow them? 4 MR. HONG: Objection, calls for speculation on 5 part of the witness . 6 THE HEARINGS OFFICER: I 'm going to allow it . 7 If you can answer -- 8 A. Can you say that again? 9 BY MR. GOMES : 10 Q. why do you think John Thatcher would quote the 11 ed specs if he doesn ' t intend to follow it? 12 A. I have no idea, because my understanding -- 13 I ' ve been retired from education for over ten years 14 now, but my understanding was that the specifications 15 for the size, the acreage for campuses would be 16 determined by the enrollment, so I 'm not sure . 17 I had heard that they needed fifty acres, but 18 that ' s for a high school of a minimum of a thousand 19 students . So for an elementary school, the acreage 20 required or the recommended is two hundred, and for I 21 think for an intermediate school is eighteen acres . 22 MR. DOMES : May I hand him a copy of the ed 23 specs? 24 THE HEARINGS OFFICER: Whatever you choose -- 25 is that a part of the record? SPP No. 12-000138 Page No. 002943 4 8 1 MR. DOMES : Yes, Ma ' am. 2 THE HEARINGS OFFICER: Could you give us 3 reference to the page on the record where the document 4 is? 5 MR. COMES: This is Exhibit JG-6 that I handed 6 out . I have extra copies also. 7 BY MR. GOMES : 8 Q. So looking at the acknowledgements page, do 9 you agree that the acknowledgements page has a list of 10 what appears to be reputable educational professionals 11 and business representatives? 12 A. Yes . I recognize the names of several people 13 that I worked with. 14 Q• Would you trust this document as well thought 15 out for the well-being and safety of students? 16 A. As far as I know, ' cause they used it in the 17 planning for Keaau High School . 18 Q• Do you believe the authors of the ed specs 19 intended this to be used by any entity building a 20 public school in Hawaii? 21 MR. HONG: Objection, calls for speculation, 22 lack of foundation. 23 THE HEARINGS OFFICER: I 'm going to overrule 24 it, if you can answer that . 25 A. Could you repeat the question again? SPP No. 12-000138 Page No. 002944349 49 1 BY MR. DOMES : 2 Q. Do you believe the authors of the ed specs 3 intended this to be used by any entity building a 4 public school in Hawaii? 5 A. I would believe so -- it would be a standard 6 for them to use in determining and ensuring that the 7 requirements that they felt were needed were met . 8 Q. Schools do evacuation drills, don ' t they? 9 A. Yes, they do. 10 Q. And on this campus, if they needed to do an 11 evacuation drill or if they needed to evacuate, in 12 your opinion, what would be the best evacuation point? 13 A. I really -- having not looked at the property, 14 I would say -- I couldn ' t really give you an answer. 15 Q. On the ed specs, it asks or it calls for two 16 points of entrance and exit on separate parts of the 17 property? 18 A. Yes . 19 Q. Would that be safer for the students in the 20 case of an emergency and if an evacuation had to be 21 done? 22 A. Yes . 23 Q. If there was an emergency for the entire 24 community needed to evacuate, and the school was 25 evacuating on to Edita Street because that was the SPP No. 12-000138 Page No. 002945 350 1 only point of exit, and the community had to use the 2 same point of exit, would that be a bad idea? 3 A. I would say that we ' d probably have a lot more 4 congestion, just by the mere fact of the number of 5 people . And there ' d be some safety concerns, because 6 to evacuate the students, it probably be more on foot 7 to get them away from the campus and from the area, 8 and most of the residents would be by vehicle, so 9 there would be some concern there . 10 Q. And being that there is only one point of 11 entry and exit, if the emergency -- say, a chemical 12 spill or fire occurred near the entrance or exit, how 13 do you think the students would be evacuated? 14 MR. SIU: Objection, calls for speculation, 15 lacks foundation. 16 THE HEARINGS OFFICER: I 'm going to sustain 17 the objection . 18 You ' re going pretty far afield, Mr . Gomes . 19 BY MR. COMES: 20 Q. Throughout the ed specs, Chapter 1 21 introduction, the community is mentioned, Section 103, 22 needs of the community is mentioned. The community is 23 mentioned a lot throughout the ed specs . In your 24 opinion, how important is community support for any 25 school? SPP No. 12-000138 Page No. 002946 51 MR. HONG: Excuse me, I 'm going to object, 2 lacks foundation . He ' s asking how important is 3 community as generated -- as this document has been 4 generated? 5 THE HEARINGS OFFICER: I 'm going ask you to 6 rephrase the question . Are you asking about the 7 document or are you asking about the community 8 involvement? 9 MR. DOMES: I 'm asking about the fact that ed lQ specs, in my opinion, finds community support very 11 important, and I would like Mr. Kanemoto' s opinion of 12 how important he thinks community support is for the 13 success of the school . 14 THE HEARINGS OFFICER: Then you ' re going to 15 have to ask him the question. And your opinion is not 16 an issue when you ' re asking a question. 17 MR. DOMES : Okay. 18 BY MR. COMES : 19 Q. Is community support important for any school 20 to succeed? 21 A. Yes . One of the major concerns for any school 22 is community support . Generally, schools are 23 constructed where there is a demand from not only the 24 population, but from the people in the community. So 25 having been a community school principal, that ' s been SPP No. 12-000138 Page No. 002947 352 1 one of the things that has been one of the most 2 important factors, is getting community input, and 3 being able to work with the community. 4 Q. Thank you . 5 MR. COMES : No further questions . 6 THE HEARINGS OFFICER: Mr. Hong, any cross 7 exam? 8 MR. HONG: Sure . 9 CROSS EXAMINATION 10 BY MR. HONG: 11 Q. Mr. Kanemoto -- 12 A. Yes . 13 Q. -- are your familiar with the charter school 14 law? 15 A. Somewhat, not very well . 16 Q. Have you read it? 17 A. No. 18 Q. Okay. And in terms of your experience as a 19 school administrator, have you dealt with charter 20 schools at all? 21 A. I ' ve had some dealings with their students 22 that have enrolled in community school . 23 Q. Okay. So in other words, nothing to do with 24 the administration or the administrators of charter 25 schools? SPP No. 12-000136 Page No. 002946 353 1 A, No, I would say not with charter schools 2 specifically, but looking at what charter schools are 3 set up to do, the community schools were in the same 4 similar position where we have to -- in my mind, I ran 5 the school and had to hire my own staff. I had to do 6 my own budget . I had to work with the teachers on 7 curriculum development . I had to do recruitment of 8 students . So from that standpoint, although, I don' t 9 -- I 'm not that familiar with charter school rules, 10 but I think the community schools had to do pretty 11 much the same thing that the administrator of a 12 charter school needs to do. 13 Q. Sure . So community schools were exempt from 14 Chapter 103D, the procurement code? 15 A. No. 16 Q. So community schools were exempt from -- or 17 could negotiate their own collective bargaining 18 agreements with any of the unions? 19 A. No, no . 20 Q. So those are things that charter schools did, 21 so there are two fundamental things already that are 22 different between charter schools and community 23 schools, wouldn ' t you agree? 24 A. Yes, but I have experience in negotiations, in 25 contracts, because I was -- I represented the SPP No. 12-000138 Page No. 002949 354 1 administrators for HGEA on the State bargaining . 2 Q. And so have I -- 3 A. I know, you were there . 4 THE HEARINGS OFFICER: Mr . Hong, stick to the 5 questions, 6 MR. HONG: Okay. 7 BY MR. HONG: g Q. Okay. My question is, in terms of the Exhibit 9 JG -- I 'm sorry, 6, go through that exhibit since 10 you ' ve have gone through it and are familiar with it . 11 Please identify where it says that is applicable to 12 charter schools? 13 A. It doesn ' t . 14 Q. Okay. So it doesn ' t apply to charter schools? 15 A. It ' s a guideline, yes . It ' s a guideline for 16 the Department of Education, which charter schools are 17 a part of. And it seems like the charter schools will 18 take what they can use to bolster their position, and 19 not necessarily do it -- are not required to do. 20 MR. HONG: I move to strike as nonresponsive . 21 THE HEARINGS OFFICER: Mr. Hong, I 'm not going 22 to strike it . Ask your next question. 23 BY MR. HONG: 24 Q. Okay. How many charter schools are you aware 23 of that actually used those ed specs? SPP No. 12-000138 Page No. 002950 55 1 A. I 'm not aware of any. 2 Q. Okay. Do you see -- if those ed specs are 3 guidelines, can you point out where those ed specs as 4 guidelines apply to charter schools? 5 A. Well, the only thing that I would say in my 6 opinion, that would be looking at Section 201. 2 on 7 page -- it says, "planning guidelines for planning new 8 schools" -- 9 Q- I 'm sorry? 10 A- 201 . 2 Chapter -- Section 201 . ll Q- You have the page number on the bottom right? 12 A. It says 201 -- 13 Q• Hold on for a second. Let me get there. 14 201 . 1, right? 15 A• Yes, that ' s what it says here -- 201-1 . 16 Q• Okay. 17 A. So if you look at 201 . 2, enrollment guidelines 18 for an elementary school, the minimum enrollment of 19 five-hundred-fifty. And if you look on 201 . 3, the 20 usable acreage is twelve acres . So when you to go 21 that -- fifty acres is for high school with a minimum 22 enrollment of a thousand. 23 So if I was -- I was the administrator of a 24 charter school that I would look at -- well, even 25 though I have -- I can ' t -- from what I saw as far as SPP No. 12-000138 Page No. 002951356 1 enrollment at Connections, you don ' t have a thousand 2 students . You don' t have sixteen-hundred -- six 3 hundred students . It does not even have 4 five-hundred-fifty students . So I would say that your 5 requirement -- the requirement that I would look for 6 would be between twelve to fifteen acres or twelve to 7 eighteen acres . There is -- it wouldn ' t make sense to g have fifty acres . 9 Q. So you ' re just kind of using these guidelines 10 pretty fast and loose in terms of trying to figure out 11 what charter schools need? 12 A. Well, you asked me that . 13 Q- No, I didn' t ask you that . I 'm asking you the 14 question -- 15 A. Yes . 16 Q . -- in terms of where does it say -- 17 MR. GOMES: Objection, argumentative. 18 THE HEARINGS OFFICER: I 'm going to sustain 19 the objection. 20 Rephrase the question and you shouldn ' t be 21 arguing with the witness . 22 BY MR. HONG: 23 Q . My question is, where does it say in those ed 24 specs in front of you that those guidelines are 23 applicable to charter schools? SPP No. 12-000138 Page No. 002952 357 1 A. It doesn ' t say that . 2 Q. Okay. When did you leave Laupahoehoe School? 3 A. 1985 . 4 Q. Oh, I have another question. If you can turn 5 to page 1414 of the Planning Commission record, and 6 you see that in the binder in front of you? 7 A. Yes . 8 Q. That ' s a fair and accurate copy of your 9 signature on the bottom left? 10 A. That ' s correct . 11 Q. You submitted that particular written 12 testimony for the Planning Commission, do you recall 13 that? 14 A. Yes . 15 Q. One of the -- one of the concerns that you 16 expressed was farther down your letter -- was, "Unless 17 there was sound financial commitment, the probability 18 of survival and prosperity is slim to none, " do you 19 see that? 20 A. That ' s correct . 21 Q. Were you aware at the time that Connections 22 has obtained eight million dollars to begin the 23 planning and construction of its -- 24 A. Somewhat aware of it, yes, but I still, having 25 been the principal of Laupahoehoe School, which had SPP No. 12-000138 Page No. 002953 358 1 funding from the State Legislature, they were always 2 in a bind for current operations . And from what I 3 read in the papers about charter schools, and their 4 financial situation, it ' s very difficult . 5 And having also talked to an administrator 6 that worked with a charter school, one of the biggest 7 problems -- biggest obstacles is obtaining funding for 8 -- and it ' s usually for current operation, but to add 9 on capital improvements, I find that to be a daunting 10 task. 11 Q. You realize, or you would agree with me that 12 charter schools receive absolutely no funding from the 13 State of Hawaii regarding facilities? 14 A. That ' s my understanding. 15 Q• So it ' s their obligation to go and look for 16 their own funds? 17 A. That ' s right, and it ' s a difficult job to do. 18 MR. HONG: Nothing further. 19 THE HEARINGS OFFICER: Mr. Siu, any cross 20 exam? 21 MR. SIU : I might . 22 CROSS EXAMINATION 23 BY MR. SIU : 24 Q. Good morning. 25 A. Good morning. SPP No, 12-000138 Page No. 002954359 1 Q. You testified earlier that you believe that 2 the guidelines apply to Connections because they' re a 3 part of the DOE? 4 A. No, you mean -- which guidelines? 5 Q• The construction guidelines . 6 A. No, I didn' t say that . I said those are 7 guidelines that is not -- my understanding is that 8 charter schools were set up so -- and they do not have 9 to follow guidelines . So that ' s why I 'm saying, they 10 can pick and choose whether to do it or not . 11 Q• Okay. I might have misunderstood your 12 testimony. 13 MR. SIU: Okay, that ' s all. 14 THE HEARINGS OFFICER: Ms . Self, any cross 15 exam? 16 MS . SELF: Nothing. 17 THE HEARINGS OFFICER: Any redirect, 18 Mr. Gomes? 19 MR. GOMES : No further questions . 20 THE HEARINGS OFFICER: Thank you very much, 21 Mr. Kanemoto, you ' re excused. 22 Mr . Hong, your next witness is Mr. Yoshioka? 23 MR. HONG: That ' s right, and we ' re looking at 24 Planning Commission records 1315 to 1328 for 25 Mr. Yoshioka . SPP No. 12-000138 Page No. 002955 60 1 TERRENCE YOSHIOKA 2 called as a witness by and on behalf of Applicant, 3 after having first been duly sworn, was examined and 4 testified as follows : 5 THE HEARINGS OFFICER: Please state your name 6 and provide us with your address . 7 THE WITNESS : Terrence Yoshioka, 1572 8 Mele Manu Street, Hilo, Hawaii, 96720 . 9 THE HEARINGS OFFICER: Thank you. 10 Mr. Hong, please proceed. 11 DIRECT EXAMINATION 12 BY MR. HONG: 13 Q. Mr. Yoshioka, thank you for your patience . 14 You received a subpoena duces tecum to bring documents 15 with you this morning? 16 A• Yes, I did. 17 4• And did you do so? 18 A. Yes, I did. 19 4• All right . Would you please hand them to me? 20 A. You had wanted four copies, I believe. 21 Q. That ' s correct . 22 A. I believe I have -- 23 4• These are fair and accurate copies? 24 A. Yes . 25 4• And they were printed up, and were they kept SPP No. 12-000138 Page No. 002956 61 1 by you? 2 A. Kept by me, yes, I went to the printers and 3 they printed it out for me, and it ' s been in my 4 possession every since . 5 Q. All right, thank you. 6 Before you, at pages 1315 of the Planning 7 Commission records is a written statement of Terrence 8 Yoshioka -- 9 A. Uh hmm. 10 Q. -- and it goes on to page 1328 . Do you 11 recognize that particular document? 12 A. Yes, I do. 13 Q. And that ' s a document that you submitted to 14 the Planning Commission, is that right? 15 A. Yes, I did. 16 Q. All right . If you look at page 1315 --- sorry, 17 you state that, "The applicant has not in any way, or 18 by any recognized standard of proof established a 19 sufficient basis for the granting of this special 20 permit . " Do you see that? 21 A. Yes, I do . 22 Q. Okay. Yesterday you cited Section 205 of the 23 Hawaii Revised Statutes, and also referred to the 24 Waianae Neighborhood Board case . My question is, what 25 is the legal standard of proof required by law? SPP No. 12-000138 Page No. 002957 62 1 A. Legal standard of proof, I think preponderance 2 of the evidence, I believe . 3 Q. Okay. Where do you get that from? 4 A. I can ' t recall whether it ' s from a reading of 5 the case or just my general knowledge of the law. 6 Q. Your general knowledge of law or reading the 7 case? 8 A. Yes, I don ' t recall . 9 Q. You go later on to say on the same page -- 10 note, "There are no studies or data to support the 11 need for an agricultural program, " do you see that? 12 A. Yes. 13 Q. And do you recall where in Section 205-6 or 14 any of the law that you have read, including the 15 Waianae Neighborhood Board, where it states that "We 16 have to establish a need for an agricultural program 17 or a need of the use" -- 18 A. No, it wasn ' t based upon that position or any 19 provision specifically on Chapter 205. 20 Q. Okay. I appreciate that . 21 Then you go on at page 1317, and talk about 22 the reasons for denial, essentially you ' re preparing 23 like a finding of fact and conclusions of law for the 24 Commission, right? 25 A. Yes, basically, let me explain, and that -- SPP No. 12-000136 Page No. 002958 63 1 this is sort of a portion of my authorship. 2 Sidney Fuke also prepared much of what was in 3 this finding . So I cannot tell you what is my work 4 product and what is Mr . Fuke ' s work product . 5 Q. But you signed it and submitted it as part of 6 your -- 7 A. Well, at the time, yes, and I did read it, and B I agree with the provisions therein and signed it . 9 THE HEARINGS OFFICER: Excuse me, 10 Mr. Yoshioka, could you use the microphone? 11 THE WITNESS : Oh, excuse me . 12 BY MR. HONG: 13 Q. Okay. Well, I 'm going to be asking you 14 questions specifically about some of the things that 15 are written there . If it ' s not part of what you 16 wrote, you just tell me it ' s not a part of what you 17 wrote, and I ' ll move on to the next question . Now, at 18 page 1317 -- 19 A. Uh hmm. 20 Q. -- there is a portion that states, "It is this 21 reliance upon an agricultural program which it 22 justifies placing a school squarely in the midst of an 23 existing subdivision and far from the residences of 24 its student, " do you see that? 25 A. Yes . SPP No. 12-000138 Page No. 002959 69 1 Q. All right . In terms of an existing 2 subdivision, your subdivision is zoned Ag 1, is that 3 correct? 4 A. That ' s correct . 5 Q. And did you write that part? 6 A. You know, it ' s very familiar, but I can ' t say 7 with certainty that I 'm the author of this provision . 8 1 could be . 9 Q. Okay. Based on that representation, let me 10 jump ahead then to page 1320 . 11 A. Can you find out the paragraph, so I don ' t 12 have to search for it, because I don ' t have my reading 13 glasses . 14 Q. That ' s fine . Unfortunately, I marked up 15 another version of the document, I have to jump back 16 and forth to page 1320 -- 17 A. Uh hmm. 18 Q. -- number 5 -- wait -- 19 A. Uh hmm. 20 Q. -- 1320 . 21 A. Item number 5, what paragraph? 22 Q. Right . I 'm looking at the a first one, 23 "Schools can have significant adverse infrastructural 24 and community impacts . Thus, they are not permitted 25 in the State Land land use agricultural district and SPP No. 12-000138 Page No. 002960 365 1 within the County residential and agricultural zones, " 2 did you write that or Mr. Fuke? 3 A. I believe Mr. Fuke did. 4 Q. Okay. Were you aware when that was written 5 that Kamehameha Schools currently sits -- the majority 6 of the campus, actually, sits on State land use 7 agricultural zoned area? 8 A. No, I was not . Now, was that under a special 9 permit? 10 Q. I believe so. 11 A. Then I think essentially what was intended to 12 be said was that schools are not permitted uses within 13 an agricultural district, except with the granting of 14 a special permit, I think that ' s implied. 15 Q. Well, the statement is pretty absolute, "Thus, 16 they are not permitted. " I mean not, "They are 17 permitted with a special use permit . " 18 A. With a special use permit, but not permitted 19 without one. 20 Q. Okay. But you would -- okay. And you don ' t 21 recall writing that? 22 A. I don ' t recall writing it, but I 'm in 23 agreement with it . 24 Q. So they ' re not permitted within the State land 25 use ag unless they get a special permit? SPP No. 12-000138 Page No. 002961366 1 A. Right . 2 Q• If you go to page 1325 -- 3 A. Uh hmm. 4 Q• At the top of the second paragraph, "Given the 5 honeycomb of caves in the area, " do you see that? 6 A. Yes . Q. Did you write that? 6 A. No, I didn ' t . 9 Q. Okay. And there ' s a part that talks about the 10 Hawaiian hawk at the bottom, in number 5, second to 11 the last sentence on the bottom of the page, "The 12 Hawaiian hawk and Hawaiian hoary bats are known to 13 roost in this area, " is that what you wrote or is that 14 what Mr. Fuke wrote? 15 A. You know, it could be either one of us, 16 because I often see three hawks hovering above my 17 property, in fact, landing within twenty feet in the 18 trees of my property. So it could very well come from 19 me . I don ' t have a definite recollection one way or 20 the other. 21 Q. Did you happen to read the biological 22 assessment or the special permit application or even 23 the final environmental assessment? 24 A. Yes, I did, I did, but I don' t recall 25 specifically information leading to this subject . SPP No. 12-000138 Page No. 002962367 67 1 Q. Okay. At page -- jumping back --- I 'm sorry, 2 page 1323, I 'm looking under -- number 1 -- 3 A. Uh hmm. 4 Q. -- second paragraph -- second paragraph, first 5 sentence, "The use does not fulfill the land use law 6 objectives as discussed above . " Then on second 7 sentence, "It should also be noted that the impact of 8 the proposed school would have the effect of 9 urbanizing this area. " Did you write that or 10 Mr. Fuke? 11 A. I believe Mr . Fuke did, you know. I don ' t 12 remember whether we had discussion about this, but it 13 is a sentiment that I also share . 14 Q. All right . Are you aware that your 15 subdivision is designated in the low density urban 16 zone on the County journal plan? 17 A. Yes, I believe it was at the time, yeah. 18 Q• Okay. 19 A. And if you note the next sentence, "Even the 20 Kamehameha School campus in Keaau, although originally 21 approved via the special permit process, " so you know, 22 it does evidence the state of mind that schools are 23 not permitted in agricultural districts except with 24 special permit . 25 Q• Well, you' re aware that currently that SPP No. 12-000138 b Page No. 002963368 68 1 Kamehameha Schools, two-thirds of the campus sits 2 currently on agriculturally zoned land and the other 3 third still sits in urban zoned area? 4 A. No, I wasn ' t aware of that . s Q. Don' t you think it was important in clarifying 6 that in making this type of statement to the Planning 7 Commission? 8 A. Not particularly. I think the statement does 9 clearly evidence the fact that agricultural districts 10 do not permit schools . And I think that that was a -- 11 that intent was adequately expressed in the 12 documentation that we submitted. 13 Q• Well, I 'm going to phrase it this way -- 14 A. Uh hmm. 15 Q• -- would it be fair to say it was not your 16 intent to mislead the Planning Commission? 17 A. Definitely not . 18 Q• Okay. Page 1324 , I 'm looking at the second to 19 the last paragraph, first sentence, "While the 20 catchment system, " do you see that? 21 A. Yes . 22 Q• "While the catchment system has been used in 23 areas where there is no public system, it is generally 24 not acceptable for public facilities, particularly 25 those geared to students . " SPP No. 12-000138 Page No. 002964 9 1 A. Uh hmm. 2 Q. Did you write that or did Mr. Fuke? 3 A. Mr. Fuke did . 4 Q. So you are aware that there are several 5 schools throughout the island, charter schools that 6 use catchment? 7 A. No, I was not. 8 Q. And in terms of this particular project, 9 you' re aware of the water use calculations that the 10 Department of Water Supply -- well, you' re aware of 11 the Department of Water Supply' s limitations of 4200 12 gallons per day for this project? 13 A. At the time this document was prepared, yes, I 14 was aware, in fact, from my readings of the other 15 documents as well . 16 Q• All right . And you would agree that if the 17 Connections Charter Schools stay within that limit of 18 4200 gallons per day, that that would fulfill the 19 requirements of the Department of Water Supply, 20 correct? 21 A. For what student population, and for what 22 particular needs -- I think it has to be -- 4200 23 gallons has to be limited to a particular number of 24 people on the property that are utilizing this . So in 25 other words, it might be suitable for fifty, seventy SPP No. 12-000138 Page No. 0029fi 370 1 people . It might not be suitable for three to 2 four-hundred people . 3 Q. Do you recall seeing that the Department of 4 Water Supply limited that amount based on the number 5 of people that would be on the property? 6 A. No, but I do recall having discussions with 7 others, I think, as well as Mr. Fuke regarding the 8 inadequacy of this amount for the entire project . 9 Q. Well, were you aware that Connections is 10 differentiating between using potable and non-potable 11 water on the campus? 12 A. Well, are you still talking, though, about the 13 number of people -- because potable water would still 14 have to -- you would still have tc produce X amount of 15 potable water to support A population of X amount of 16 people . There will be potable and non-potable, but I 17 assume the potable water would be utilized for X 18 number of people . 19 Q. So your concern is as long as there are X 20 number of people and that meets the requirements of 21 the Department of Water Supply-- or it has to meet the 22 requirements of the Department of Water Supply -- 23 A. It should be. 24 Q. Okay. I 'm just jumping ahead. If you could 25 turn now to page 1902, this is an oral statement -- SPP No, 12-000138 Page No. 002966 71 1 A. U hmm. 2 Q. -- or written oral statement of -- 3 A. I know what you mean. 4 Q. Okay -- for the Planning Commission. 5 Okay. Is that what you wrote or did anybody 6 else help you write that? 7 A. I believe this is entirely my -- a by-product 8 of myself. 9 Q. Okay. And then if you look at the 1904 -- 10 A. Uh hmm. 11 Q. -- that is basically another -- is that the 12 same document that we saw earlier in terms of your 13 reasons for denial of the document that we referred to 14 earlier? 15 A. It looks like the same . 16 Q. And do you recall making any changes to that 17 document that appears on page 1904? 18 A. To be frank with you, I don ' t recall making 19 any changes to this document if it is the same 20 document as the previous one that we discussed. 21 Q. Okay. So in terms of just -- in terms of 22 those two particular documents, it ' s just you and 23 Mr . Fuke who wrote those, anybody else? 24 A. You know, as far as the document from 1904 and 25 on, that was Mr. Fuke and myself, it ' s a SPP No. 12-000138 Page No. 002967 372 1 co-authorship. 2 Q. Right, right, so I 'm saying, the earlier 3 document, which you also titled, "reasons for denial" 4 that was also you and Mr. Fuke also? 5 A. I don ' t know if he had input from someone 6 else, so I can only speak for myself . But yes, I was 7 part of the team that drafted it, and I know Mr. Fuke 8 was, but I don ' t know if he had a third party. 9 Q. And in terms of -- you' re familiar with the 10 CCRs for the Pacific Plantation subdivision? 11 A• To be honest with you, I didn' t even know that 12 we had any, but I was informed by others, that yes, we 13 do have. 14 Q. Do they also inform you that you can ' t use 15 your property for any agricultural uses? 16 A• I wasn ' t aware of that, no . I would assume 17 that we can, but it might be limited as to what kind 18 of agricultural use . For example, I just planted four 19 citrus trees on my property. So I guess that might be 20 considered a violation if you can' t do any 21 agricultural functions on the property. But maybe in 22 terms of raising cattle, sheep -- 23 Q. Sure. Did you write any of the questions for 24 Mr . Gomes for the last two days of hearings? 25 A. Yes, I did. SPP No. 12-000138 Page No. 002968 3 1 Q. Okay. And which people did you help write 2 questions for that Mr. Gomes could ask? 3 A. I think for the Planning Department and 4 Mr. Thatcher. Not all, I think. I think I assisted 5 him in writing some questions . 6 Q. And were you doing that in the capacity of 7 being a lawyer? 8 A. No, I was not . 9 Q. You ' re doing that as an interested community 10 member? 11 A. Takes a bit of an explanation, you want me to 12 explain? 13 Q. Well, let me ask you this question. Were you 14 being retained or paid to write those questions? 15 A. No, I was not. 16 Q- Okay. Because I mean there is a prohibition 17 against ghost writing, or unauthorized practice of 18 law, right . I just wanted to make sure -- 19 THE HEARINGS OFFICER: Mr. Hong, let ' s not get 20 into that . 21 Ask the questions . 22 MR. HONG: I 'm just clarifying that ' s not what 23 he ' s doing. 24 THE HEARINGS OFFICER: He answered the 25 question. SPP No. 12-000138 Page No. 002969 374 1 A. That ' s why I was saying it ' s complicated, so 2 if you want me to explain, I ' ll explain. 3 BY MR. HONG: 4 Q• Just "yes" or "no" , you weren ' t doing it as an 5 attorney? 6 A. I wasn ' t doing it as an attorney, but I was 7 doing it under the supervision of a licensed attorney. 8 Q. Okay. Who is the licensed attorney? 9 A. Alan Okamoto. 10 Q• So you were drafting things and then sending 11 it to Mr. Okamoto? 12 A. Yeah . 13 Q• And he would come back -- 14 A. He would approve the form and appropriateness 15 of the questions that I drafted for Mr. Gomes . And as 16 I said, if you want me to explain, I ' ll explain the 17 entire situation. 18 I had consulted with the Hawaii State Bar 19 Association to determine to what extent I could 20 involve myself in these proceedings, because I have an 21 inactive license . So I labored under the assumption, 22 wrongly, I should add for a couple of years, that a 23 restricted or inactive license only precludes me from 24 representing people in contested cases . Okay. And 25 then I found out that I cannot represent them, SPP No. 12-000136 Page No. 002970 375 1 whatever the type of case it might be, whether it ' s a 2 court case, or administrative body, et cetera . And I 3 cannot issue advice to them. But I can do so if it ' s 4 under the supervision of a licensed attorney. 5 And so what I did was, prepare the questions, 6 had Mr. Okamoto review them, determine the 7 appropriateness . He was familiar with the background g of the case, and then he gave approval to it, and then 9 I presented it to Mr. Gomes . 10 Q. Did you pay Mr. Okamoto? 11 A. No. 12 Q. He was doing this pro bono? 13 A. Up to this point, we spent about two -- 14 two-and-a-half hours, okay. 15 Q. In terms of consultation, was that in person 16 or was that just e-mail or -- 17 A. With Mr. Okamoto, you mean? 18 Q. Yeah. 19 A. No, he came over to my house and spent two, 20 two-and-a-half hours going over the questions that I 21 had prepared for Mr . Thatcher and Mr . --- 22 Q• Ms . Shen? 23 A. Whoever was presenting the Planning 24 Department . It was not directed to anyone, it was 25 just Planning Department . SPP No. 12-000138 Page No. 002971376 76 1 Q. Did you and Mr. Okamoto study the Planning 2 Commission record or any evidence of the Planning 3 Commission? 4 A. Planning Commission -- oh, we discussed it, 5 but he didn' t go over -- well, no, he did go over some 6 documents . I don ' t know whether or not it involved 7 this record. 8 Q. Did he review the special permit application? 9 A. Yes, he did, yeah. 10 Q. Did he mark it up and provide you any 11 comments? 12 A. No, no . 13 Q. Did he look at the final EA? 14 A. Yes, he did, I believe he did. 15 Q. Did he mark it up -- 16 THE HEARINGS OFFICER: Mr. Hong, are you 17 getting into attorney-client privilege communications? 18 And if so, you shouldn ' t be going there . 19 MR. HONG: I don' t know that this is 20 attorney-client privilege . 21 A. While we ' re on this subject, I ' d like to make 22 a statement . And I just forgot to do this when I 23 presented the documentation to you. 24 In the documentation you see an e-mail from 25 Mr. Fuke to myself, in which he makes reference to SPP No. 12-000138 $ Page No. 002972 77 1 questions that was also a part of that e-mail, okay. 2 I have elected to not to make copies of those 3 questions, because I do think it falls under the work 4 product rule, and that it does not constitute 5 discoverable material, because this was intended for 6 Mr. Gomes and myself, who Mr. Fuke was expecting to 7 give assistance to Mr. Gomes in an attorney-client 8 capacity, but I don ' t think he was aware that my 9 inactive license restricted me from actively 10 representing Mr. Gomes in these proceedings . 11 BY MR. HONG: 12 Q• Mr. Fuke is not an attorney, right? 13 A. No, Mr. Fuke is not an attorney, but it was, 14 obviously, for the purpose of assisting Mr. Gomes in 15 the questioning of the witnesses that come before this 16 board. 17 Q. Just trying to be very clear, so are you 18 saying today that Mr. Gomes was your client? 19 A. No, I 'm not saying that . I 'm saying that 20 questions that were prepared by Mr. Fuke was intended 21 to assist Mr. Gomes, and would fall within the work 22 product rule. In other words, it was part of what was 23 intended to give assistance for purposes of this 24 proceedings . And it wasn ' t intended for discovery, 25 and should not be intended for discovery. SPP No. 12-000138 Page No. 002973 378 1 4• Well -- 2 A. It ' s like asking an attorney' s client to 3 provide all materials provided to him by his attorney 4 that was intended to be utilized at the -- whatever 5 contested proceedings . 6 MR. HONG: I would ask the Hearings Officer, 7 based on Mr. Yoshioka ' s testimony, that he be ordered 8 to produce the entire e--mail including the questions, 9 because that ' s not work product . 10 THE HEARINGS OFFICER: Mr. Hong, I ' d like to 11 look at the subpoena before I 'm going to rule on 12 anything. Certainly, Mr. Hong, your subpoenas were 13 extraordinarily broad. I signed all of the subpoenas 14 regardless of the fact they were extraordinarily 15 broad, because parties had a right to ask that the 16 subpoenas be quashed or testimony be quashed. So 17 that ' s why I signed them. Although, frankly, some of 18 the information you asked for went way beyond what was 19 relevant or reasonable . 20 So until I have looked at the subpoena, I have 21 to go and assess what ' s going on, and what you asked 22 for and whether it ' s relevant material even to this 23 proceeding. But I 'm not going to instruct anybody to 24 have to bring something that they didn ' t bring today 25 if it ' s not materially relevant . SPP No. 12-000138 Page No. 002974379 1 MR. HONG: And in terms of the original 2 subpoenas, those were given back to you as part of the 3 record or -- 4 THE HEARINGS OFFICER: Mr . Hong, your staff 5 sent me so many amended subpoenas, I started to lose 6 track. The subpoenas -- I don ' t know if the originals 7 -- we made copies to begin with of the subpoenas, but 8 your staff kept sending us more and more revisions and 9 I don' t know if we kept copies of everything. 10 MR. HONG: No, no, I understand that . The 11 ground rules, as you explained to us in terms of the 12 original subpoena that was served, that would be 13 returned to you and made a part of the file . So my 14 question is, do you or the Planning Commission staff 15 have the original subpoena that was actually served? 16 THE HEARINGS OFFICER: No . We don ' t have --- 17 all I have is the return of service, that ' s all your 18 staff gave me, was return of service . 19 MR. HONG: Right . May I ask for a recess so 20 we can resolve this and find the subpoena and submit 21 it to you? 22 THE HEARINGS OFFICER: Actually, since it ' s a 23 quarter to twelve, let ' s take an hour lunch, and come 24 back after the 12 : 45 . 25 MR. HONG: Sure . SPP No. 12-000138 Page No. 002975 380 1 THE WITNESS : How many more questions do you 2 have? 3 MR. HONG: Well, depends on whether I get 4 those documents or not . And if I don ' t get those 5 documents then I have just a few more questions, it 6 should take all of another five or ten minutes . 7 THE HEARINGS OFFICER: How long a break do you 8 need, Mr. Hong? If you don ' t need very long, we ' ll 9 just take a short recess . 10 MR. HONG: My suggestion is, given the 11 witnesses ' schedule, I know we imposed on them in 12 terms of their schedules, we take a short recess and 13 go on, and we take our lunch break. 14 THE WITNESS: Madam Hearings Officer, I 15 believe Mr. Gomes has those questions that were 16 prepared by Mr. Fuke -- the outline, and he can make 17 that available to you for inspection if you want to. 18 THE HEARINGS OFFICER: That ' s fine. 19 Mr . Gomes, if during the recess, you can 20 provide me with the questions, I can look at them with 21 without exposing them to the other parties . 22 MR. COMES : Thank you. 23 (Recess . ) 24 THE HEARINGS OFFICER: We ' re back on the 25 record, and I will note the presence of all parties, SPP No. 12-000138 Page No. 002976 81 1 and the witness is also present, Mr. Yoshioka . 2 Prior to the recess, Mr. Hong provided me with 3 a copy of his amended subpoena duces tecum to 4 Mr . Yoshioka . And there was an issue raised whether 5 an e-mail from Mr. Yoshioka with proposed questions to 6 Mr. Gomes should be disclosed or provided to Mr. Hong. 7 Mr. Hong, do you have anymore argument on this 8 issue? g MR. HONG: No -- yes. One of the e-mails that 10 was produced in the subpoena duces tecum does refer to 11 a cheat sheet with respect to the current proceedings . 12 And I think we ' re entitled to that, because that 13 wasn' t a part of the attorney-client privilege between 14 Mr. Fuke, Mr. Yoshioka, and Mr. Gomes . And I think 15 we ' re entitled to see that . 16 THE HEARINGS OFFICER: Mr. Siu, do you have 17 any comments on this? 18 MR. SIU: No. 19 THE HEARINGS OFFICER: Ms . Self? 20 MS . SELF: Well, I 'm not sure whether there is 21 some relevancy, but we aren ' t under the rules of 22 evidence. So I guess I have no comments on it . 23 THE HEARINGS OFFICER: Mr. Gomes, do you have 24 any response? 25 MR. DOMES: I don ' t know what the cheat sheet SPP No. 12-000138 Page No. 002977382 1 is . 2 THE HEARINGS OFFICER: Okay. First of all, 3 although the Rules of Evidence are not supposed to be 4 strictly -- do not have to be strictly followed, as 5 presiding officer, I am to rule on all evidence . And 6 also, I am required to exclude any evidence that is 7 irrelevant, immaterial, unduly repetitious, or would 8 infringe on any privilege recognized by law. 9 There is a privilege for work product, and I 10 am sure if that I -- and I think Mr. Gomes, even 11 though he ' s not an attorney, has that privilege. If I 12 provide a disclosure of this information, it would 13 open -- I think it ' s a bad practice, because to do 14 that would open the door to Mr . Gomes asking Mr. Hong 15 for all of his questions . And I ' m sure Mr . Hong would 16 not want to disclose all of his work product in this 17 proceeding, nor Ms . Self, or Mr. Siu. 18 So consequently, I 'm going to hold that that 19 information should not be produced to Mr. Hong. 20 You may go on with your next question, 21 Mr. Hong, for Mr. Yoshioka. 22 BY MR. HONG: 23 Q. Page 1902, please . The paragraph that begins, 24 "Nowhere -- nowhere in its application has applicant 25 provided proof that an agricultural program is needed SPP No. 12-000138 Page No. 002978 383 1 or wanted by its students, " do you see that? 2 A. Yes . 3 Q• And you had testified earlier that because 4 this is a part of your oral statement to the Planning 5 Commission, this was a hundred percent what you wrote, 6 correct? 7 A. Yes . 8 Q. And where is it required that the applicant g has to prove that its agricultural program is needed 10 or wanted by the students, if you can give me the 11 legal citation for this? 12 A. There is no legal citation, except for common 13 sense, that if someone is going to represent that 14 something is to be done, then it should submit 15 sufficient evidence to indicate that it will, in fact, 16 accomplish what they propose to do, and that there is 17 a need for the proposed use, because that is the basis 18 for the foundation of the selection of this particular 19 property that has been used for agriculture purposes 20 and that this property was uniquely suited for their 21 program. 22 So therefore, it seems to me that if you' re 23 going to say that this is a unique site, that fills 24 their criteria and it ' s needed for the agricultural 25 program then you should establish that you, in fact, SPP No. 12-000138 Page No. 002979 384 1 have one or will have one, and if so, how many 2 students are going to be participating in it and why 3 do you need such a large area if you only have one or 4 two students . 5 That ' s the foundation for my -- and that 6 because the Planning Department ' s generally the watch 7 dog or guardian of the public interest, and it should 8 look into these matters to see that what is being 9 alleged will, in fact, take place . 10 Q. Okay. And in terms of your familiarity with 11 the charter school law, how would you describe it? 12 A. Nil . 13 Q. I 'm sorry? 14 A. Nil . 15 Q. Okay. You' re not aware that in terms of the 16 charter school curriculum that a charter school has to 17 go before the charter school commission to justify 18 improvement it needs for its curriculum? 19 A. No, I was not aware , 20 Q. Thank you. 21 MR. HONG: I have no further questions . 22 THE HEARINGS OFFICER: Mr. Siu? 23 MR. SIU: I have no questions . 24 THE HEARINGS OFFICER: Ms . Self? 25 MS . SELF: No questions . SPP No. 12-000138 Page No. 002980 385 1 MR. COMES : Maybe one question. 2 CROSS EXAMINATION 3 BY MR. COMES : 4 Q. Are you aware that if the special permit IS 5 granted, you may possibly spend the rest of your life 6 driving through a construction zone? 7 A. Yes, I 'm painfully aware of that . g MR. GOMES: No further questions . 9 THE HEARINGS OFFICER: Redirect? 10 MR. HONG: No, thank you. 11 THE HEARINGS OFFICER: Thank you, 12 Mr . Yoshioka, you' re excused. 13 THE WITNESS: Thank you. 14 THE HEARINGS OFFICER: Mr. Hong, you have no 15 further witnesses today? 16 MR. HONG: Today, no. 17 THE HEARINGS OFFICER: Mr . Siu, you have no 18 witnesses? 19 MR. SIU : That ' s correct . 20 THE HEARINGS OFFICER: Ms . Self? 21 MS . SELF: Not today, but I do want to call 22 somebody on November 12 . 23 MR. YOSHIOKA: Madam Hearings Officer, am I 24 permitted to sit in on the balance of the hearing? 25 THE HEARINGS OFFICER: Yes, you may. SPP No. 12-000138 Page No. 002981386 86 1 MR. YOSHIOKA: Thank you. 2 THE HEARINGS OFFICER: Mr. Gomes, you have a 3 witness today? 4 MR. COMES : Yes, one last -- 5 THE HEARINGS OFFICER: Who is your witness? 6 MR. COMES : Dana Kenny. 7 THE HEARINGS OFFICER: Please raise your right 8 hand. 9 DANA KENNY 10 called as a witness by and on behalf of Mr. Gomes, 11 after having first been duly sworn, was examined and 12 testified as follows : 13 Thank you. Could you please state your name 14 and provide us with your address, and please speak 15 into the microphone? 16 THE WITNESS : Dana Kenny. My address is 17 1316A Mele Manu Street, Hilo, Hawaii, 96720 . 18 THE HEARINGS OFFICER: Mr. Gomes? 19 MR. HONG: I object . I don' t believe I see a 20 Mr. Dana Kenny on the witness list . 21 THE HEARINGS OFFICER: Mr. Hong, he ' s on the 22 witness list . 23 Go ahead. 24 DIRECT EXAMINATION 25 BY MR. COMES : SPP No. 12-000138 w Page No. 002982 387 1 Q. Mr. Kenny, what do you do? 2 A. I 'm the vice-president and principle broker of 3 Savio Realty, Savio Development Company. 4 Q. And what are your qualifications? 5 A. Basically, our company does real estate 6 development statewide, and I ' ve been doing that now 7 for twenty-five years . 8 Q. And what kind of large projects have you 9 worked on in the past concerning land use and 10 development? 11 A. The larger ones -- well, on this island, I was 12 involved in the ones in the demise of Hamakua Sugar 13 Company, so-to-speak. One of the things we had to do 14 was analyze the 35, 000 acres that they owned. What 15 was the best use for each parcel, what was the plan 16 going forward, how do you utilize that land, what ' s 17 the best way to do that . I did the same thing for 18 AMFAC on Kauai when they sold off their lands, and the 19 Case guys bought it . And I was involved in Pahala 20 when they were -- C. Brewer was closing down. 21 Now, basically, we analyze, you know, anything 22 from a one-acre parcel up to tens of thousands of 23 acres to determine what ' s the best most sensible thing 24 to do with the land and what are the challenges that 25 you are facing in going forward with any plan that you SPP No. 12-000138 Page No. 002983 388 1 might have . 2 Q. Based on your experience, what is your opinion 3 of the location of this school? 4 MR. HONG: I object it ' s vague, ambiguous, I 5 don ' t understand "the location" . 6 THE HEARINGS OFFICER: I 'm going to overrule 7 the objection. 8 Answer the question. Go ahead and answer it. g A. Yeah, I can answer it . In doing what I do for 10 a living, we come across three different kinds of 11 situations, a situation where somebody owns a piece of 12 property and says, "Well, what ' s the best -- I want to 13 do this, how can I do it?" The other times is when 14 somebody comes to us and says, "This is what we want 15 to do, find us a place. " 16 From both points of view in looking at this 17 property, it doesn ' t make sense . If I own this 18 property, it ' s probably the worst piece of land that I 19 could choose to build a school on. If you were to 20 approach me and say, "I want to build a school here, " 21 after we did our analysis on it, the answer would be, 22 "Sell the property, and choose something that ' s going 23 to be better suited to that use. " 24 If you told me to go find a place to build a 25 school, and I don ' t mean to sound like a smart ales, SPP No. 12-000138 Page No. 002984389 89 1 but if I send my guys out to look for a location out 2 of the locations that are available, and they came 3 back with that as a location, I ' d fire somebody. It 4 does not make sense . It doesn' t suit -- the land 5 itself, doesn' t suit the goals of what it is that 6 you ' re trying to do with it . Can I elaborate on what 7 I mean? 8 MR. HONG: Objection, calls for narrative . 9 THE HEARINGS OFFICER: He ' s going to have to 10 ask you questions . 11 BY MR. GOMES : 12 Q• Please elaborate . 13 MR. HONG: Objection, calls for narrative. 14 THE HEARINGS OFFICER: Mr. Gomes, you ' re going 15 to have to ask questions to this witness . 16 BY MR. GOMES : 17 Q• Can you give me an example of what you ' re 18 talking about? 19 A. From my understanding is .fifty percent of the 20 population that is going to attend the school is in 21 Puna. The other fifty percent, I guess, is spread out 22 between Volcano and going up the Hamakua Coast a ways . 23 If you ' re going to build a school to meet a need, the 24 public need of students, it doesn ' t make sense to put 25 it where you ' re talking about putting it, because it ' s r SPP No. 12-000138 Page No. 002985 30 1 as far away as it could possibly be . It ' d be like 2 building a school in Hawaii Kai to service the Waianae 3 community. Why make them go thirty miles to suit that 4 need. 5 Second thing, it ' s not level . The cost to 6 create a school on that piece of property, dealing 7 with the water issues, dealing with the traffic 8 issues, dealing with the topography of the land, 9 dealing with the cave system that may or may not be 10 under it -- the amount of money that it ' s going to 11 take you to mitigate those situations is enough money 12 for you to go buy a really nice piece of property that 13 has none of those problems almost anywhere else. 14 So from the point of view of someone who has 15 to justify the choices there being made, it ' s almost 16 every other choice is a better choice. A school 17 doesn ' t need to make a profit . Most things we look 18 at, it has to make a profit . It has to make sense . 19 And being that it ' s a school, you ' re not going to make 20 a profit, but you ' re dealing with public funds . And 21 you have the responsibility to spend them wisely. 22 That ' s what I 'm looking at . It ' s just not the right 23 location for -- to meet the goals that are being 24 sought . 25 Q. Isn ' t it possible that over the sixteen to SPP No. 12-000138 Page No. 002986 91 1 twenty-five-year phase plan that the twenty million 2 dollar cost could actually double to forty million 3 dollars? 4 MR. HONG: Objection, lack of foundations, 5 also misstates facts in evidence . 6 THE HEARINGS OFFICER: I 'm going to sustain 7 the objection. 8 Would you rephrase the question? 9 BY MR. COMES : 10 Q. Do you have any idea how many vacant lots are 11 along Kaumana Drive that could be developed without a 12 special permit tomorrow? 13 MR. HONG: Objection, relevance . For what 14 purpose? Residential? Commercial? 15 THE HEARINGS OFFICER: I 'm going to allow 16 that . 17 Go ahead. lg A. Well, the last time I looked, I don ' t have an 19 exact number, because it was just -- I just couldn ' t 20 keep on counting, but what I did is I pulled up the 21 tax records for existing properties that access 22 Kaumana between the Mohouli Street, and up to Kaumana 23 City. And these are -- these are legally 24 existing sites that are vacant that could have homes 25 on them tomorrow. If you pull a building permit and SPP No. 12-000138 k Page No. 002987 392 1 build a house without going through any special 2 subdivision process or anything else, the number is 3 right around 1400 . 4 MR. COMES : Thank you. No further questions . 5 THE HEARINGS OFFICER: Mr. Hong, cross exam? 6 MR. HONG: Thank you. 7 CROSS EXAMINATION 8 BY MR. HONG : 9 Q. So you ' re saying that because the students -- 10 fifty percent of the students are from Puna, the 11 school should be built in Puna, this is what you ' re 12 telling us , right? 13 A. No, that ' s not what I said. 14 Q• Really? What did you say? 15 A. What I said was that if you' re going to feed a 16 need, then you place it where it best feeds the need. 17 So you could place it anywhere in the middle would be 18 fine, in Puna, it doesn ' t matter. 19 Q. So you mean like Kamehameha Schools in Pahoa 20 -- that ' s a place according to your analysis where the 21 majority of the students should be from, right? 22 A. No . I think Kamehameha made a good choice of 23 where they placed the school servicing the population 24 that they have to service . 25 Q. And where is that population from, do you i SPP No. 12-000136 Page No. 002968 93 1 know? 2 A. No, I don' t . But obviously, if they' re 3 servicing the East side of the Hawaii, the major 4 population centers being Puna, and North and South 5 Hilo, that would be a place I would trust -- 6 somewhere in that area would be a perfect choice for 7 the school . 8 Q. What about HPA, Hawaii Preparatory Academy? 9 A. Hawaii Preparatory Academy is a private 10 school . 11 Q. It ' s a private school? 12 A. Yeah. 13 Q• Right . And do you know this is a charter 14 school? 15 A. Yes, I do. 16 Q• And have you read anything regarding the 17 autonomy charter schools has separate and apart from 18 DOE? 19 A. No. But it wouldn' t change my opinion. 20 Q. Sure . It wouldn ' t . I can understand that . 21 So in terms of the school, do you know that 22 charter schools recruit from the entire East Hawaii 23 side? 24 A. Reasonably, yes . 25 Q• And are you aware that charter schools attract i SPP No. 12-000138 q Page No, 002989 99 1 and recruit students based on the curriculum that 2 they' re offering? 3 A. I 'm sure that that ' s true as well . 4 Q. But what you' re saying, this charter school 5 should be located out in Puna, because most of the 6 students come out of Puna? 7 A. What I 'm saying is I have an eleven-year-old g and I would rather -- 9 Q. Did you hear my question? Did you understand 10 my question? 11 A. I did, I did. 12 Q. Answer my question. 13 MR. GOMES : Objection. He ' s arguing with my 14 witness . 15 THE HEARINGS OFFICER: Answer the question and 16 don' t argue with the witness . 17 A. What I 'm saying is I have an eleven-year-old. 18 I 'm not going to send my eleven-year-old to Kapoho to 19 go to school . 20 BY MR. HONG: 21 Q. I don' t understand your answer, could you 22 elaborate? 23 A. It ' s too far. 24 Q. Uh, so in terms of the curriculum, what school 25 you decide to send your child to, doesn ' t matter. It 1 SPP No. 12-000138 Page No. 002990 395 1 matters that the distance is the only factor, that ' s 2 what you' re saying? 3 A. I have a close friend who want to have 4 their son go to HPA. They moved to Waimea to do it . 5 It ' s a matter of practicality, you' re shipping people 6 across thirty, forty miles to get a service that they 7 could if the choices were different -- we' ve gotten 8 closer. 9 Q. So my question was, the distance of travel, 10 that ' s your primary concern in terms of where the 11 school should be in relation to students? 12 A. No . That ' s not my primary concern. My 13 primary concern has to do with a fact that it ' s a bad 14 choice to build a school of any kind. 15 Q. Okay. What research have you done concerning 16 the process that this project has reached to this 17 point? 18 A. What research have I done? 19 Q. Yes . 20 A. I read what ' s available that people have given 21 out . I sat in on community meetings . I ' ve listened 22 to things . 23 Q. What people? Identify the people that have 24 given you things to look at? 25 A. Well, you haven ' t given me anything to look i SPP No. 12-000136 Page No. 002991396 1 at, but I ' ve been listening to you for a few minutes 2 now. 3 Q. I 'm saying what people, you told us that some 4 people have given you information, and I 'm asking you 5 what people? Name the people . 6 A. This information here -- 7 Q. I 'm sorry, when I 'm saying -- 8 THE HEARINGS OFFICER: Wait, wait, wait . Hold 9 on. We have a court reporter who is taking everything 10 down . You cannot speak at the same time . 11 Sir, you have to wait until Mr. Hong is done 12 with the questions . And Mr. Hong, please wait ' til 13 he ' s done with the answer . 14 THE WITNESS : Yes . 15 BY MR. HONG: 16 Q• So my question was what, W-H-A-T, people have 17 been giving you information about this project that 18 you referred to earlier? 19 A. What I have received is the information that 20 the school has been giving out to the public. I don' t 21 have a specific person I got it from. 22 Q. You know Sidney Fuke? 23 A. Yeah, he ' s a neighbor. 24 Q• Uh, okay, he ' s a neighbor, and has he given 25 you any information about this project? SPP No. 12-000138 Page No. 0029923 7 1 A. No. 2 Q. What about Terrence Yoshioka? 3 A. I 'm not sure who Terrence is . 4 Q. Alan Okamoto? 5 A. Alan Okamoto is our attorney, but I ' ve never 6 spoken to him on this topic. 7 Q. Are you listing one of the homes on Mele Manu 8 Street for sale? 9 A. Yes . 10 Q. And that ' s at 1360B Mele Manu Street? 11 A. Yes . 12 Q. And the asking price is $B29, 000? 13 A. That ' s correct . 14 Q. Would it be fair to say that you don ' t want 15 the school in that neighborhood because you perceive 16 it could reduce the value of what you' re asking for? 17 A. No. 18 Q. It could reduce the amount of money that would 19 be put in your pocket? 20 A. No. 21 Q. Okay. 22 A. Can I elaborate? 23 Q. No, I 'm asking the questions . 24 A. All right . Go ahead. 25 Q• In terms of the other questions that I want to i SPP No. 12-000138 Page No. 002993398 9$ 1 ask you -- 2 A. Uh hmm. 3 Q. -- you had said -- well, let me ask you this . 4 Were you aware that my clients went before a State 5 Land Use Commission for approval? 6 A. Yes . 7 Q. And were you aware that it was up to those 8 representatives to weigh and approve our -- my g client ' s request? 10 A. Yes . 11 Q. So is it fair to say that in terms of your 12 testimony, you ' re disagreeing with what the Land Use 13 Commission did, or are you saying that you ' re 14 disagreeing with what my client wanted to do, or are 15 you disagreeing with the whole process? 16 A. The land use process is one of -- does it meet 17 the criteria of what the law is? It has nothing to do 18 with what ' s practical or make sense in the real world 19 situation. I 'm addressing the fact that I don' t think 20 it ' s practical and makes sense from a real world 21 situation. 22 Q. So you ' re saying that in terms of the people 23 -- you reviewed the transcript of the testimony before 24 the Land Use Commission? 25 A. No, no, I saw parts of it . I didn ' t pay i SPP No. 12-000136 Page No. 002994 3 02994399 1 attention to it . 2 Q. You saw parts of it, how did you see parts of 3 it? 4 A. You know, this is public record stuff that is 5 there . I had read paragraphs here and there. 6 Q. You read paragraphs here and there? 7 A. Yes . 8 Q. Was that the transcript of the proceedings 9 before the Land Use Commission? 10 A. I believe so, yes . 11 Q. And how did you find those? 12 A. Again, I can' t tell you exactly where I saw 13 them, people give me -- you know, there is this much 14 paper being circulated by all of you guys . I just 15 read it as I get it . 16 Q. It just happened to show up on your door step, 17 right? 18 A. I go to public meetings . 19 Q. Okay. In terms of the process of the 20 selection of property, were you aware that the 21 Department of Land and Natural Resources gave my 22 client the different alternatives of where to site the 23 school? 24 A. I ' ve heard that . 25 Q. You didn ' t look at it? J SPP No. 12-000138 Page No. 0029954 00 1 A. No . It doesn ' t matter -- from where I 'm 2 coming from. 3 Q. Okay. How many special permit applications 4 have you participated directly in as the applicant? 5 A. As the applicant, no none . Applicants ' 5 representative, hundreds . I ' ve been involved in the 7 process. 8 Q. I 'm sorry. My question was -- you heard my 9 question. You answered my question, right, you did 10 answer my question, right? 11 THE HEARINGS OFFICER: Mr. Hong, don ' t argue 12 with the witness . 13 MR. HONG: I 'm just clarifying, because it 14 just seems to be a sliding scale here in terms of 15 answering my questions . 15 THE HEARINGS OFFICER: Mr. Hong, just ask your 17 questions . 18 BY MR. HONG: 19 Q. Cost -- you had said in terms of -- well, let 20 me point it out . You had expressed some concern about 21 the water, do you recall that? 22 A. Yes . 23 Q. And what information were you given about the 24 water usage up there -- in terms of my client ' s 25 application? } SPP No. 12-000138 Page No. 002996 01 1 A. What my understanding is that there is a 2 limited amount of water. I want to say the figure of 3 seven hundred gallons per day. I 'm not sure exactly 4 what it is, that is available to the site. And what 5 my understanding is, is that the school and the 6 Planning Department are in a situation that the 7 Planning Department is saying, "We have enough water 8 to build a certain amount of what you want to do . You 9 don ' t have enough water to build it all . So you have 10 to address the issue of where the rest of the water 11 comes from before they' ll allow you to proceed to 12 finish, " I believe that ' s the situation. 13 Q. And where did you get that information from? 14 A. Reading the newspapers -- again, what people 15 give me . 16 Q. And what people gave you stuff about the water 17 use? 18 A. Maybe I can save some time and just say nobody 1g has sat down with me, and briefed me or given me 20 stacks of information. I 'm getting the stuff the same 21 way the people get stuff. I mean I don ' t have names 22 of people that gave me a specific thing. I ' ve been 23 paying attention to it, because that ' s what I do for a 24 living, that ' s interesting to me . 25 Q. Traffic, you commented on traffic. Did you i SPP No. 12-000138 Page No. 002997 02 1 review the traffic impact analysis report? 2 A. I didn ' t make comment on traffic, I don ' t 3 think. I talked about the increase number of homes 4 that can built in the area, that would result in 5 greater traffic . 6 Q. And my question was, did you review, prior to 7 coming today, the traffic impact analysis report? 8 A. No . 9 Q. And in terms of the cave system that you had 10 talked about earlier, have you done an independent 11 investigation of the cave system? 12 A. No, I haven ' t . 13 Q. And in terms of my client ' s application. Have 14 you read through the -- the report regarding the 15 caves? 16 A. No, but I live there, so my children play in 17 the caves . 18 Q. And are you aware that my clients have money, 19 not State money, regarding the building of, at least, 20 the first phase of the project? 21 A. I wasn ' t aware of that, but again, it ' s not 22 relevant to my position is . It doesn' t make sense 23 whose ever money it is to build it there. 24 MR. HONG: No further questions . 25 THE HEARINGS OFFICER: Mr . Gomes, any i SPP No. 12-000138 Page No. 002998 03 1 redirect? 2 MR. GAMES: No, Ma ' am, no further questions . 3 THE HEARINGS OFFICER: Thank you, Mr. Kenny, 4 you ' re excused. 5 THE WITNESS : Thank you, Your Honor. 6 THE HEARINGS OFFICER: Mr . Siu, I take it you 7 have no witnesses? 8 MR. SIU: I have none . 9 THE HEARINGS OFFICER: Ms . Self? 10 MS . SELF: I don ' t. 11 THE HEARINGS OFFICER: Mr . Gomes, you' re done 12 for today? 13 MR. GOMES : Done. 14 THE HEARINGS OFFICER: Well, then I want to 15 thank all the parties for their efforts at this 15 hearing. It ' s gone very smoothly so far. We ' re going 17 to continue this hearing until November 12 . Can we 18 start at 8 : 30? 19 MR. ARAI : We ' ll try our best . 20 THE HEARINGS OFFICER: It ' s in this conference 21 room November 12 . We will take public testimony when 22 we first begin, then we will proceed to a site visit 23 of the property. I will have a -- I will ask the 24 court reporter to be there in case anybody wants to 25 make statements, and then we will proceed to take any 1 SPP No. 12-000138 Page No. 002999404 04 1 other testimony. If the parties have additional 2 witnesses for the hearing on the 12th, please provide 3 me with a supplemental witness list . 4 Anything further? 5 MR. HONG: I know it ' s difficult, because you 6 have to take testimony from the public, but in terms 7 of a time frame -- because there is locked gate, and 8 hopefully the lock still works . We have to get 9 somebody up there -- 10 THE HEARINGS OFFICER: Mr. Hong, you just have 11 to have somebody available . I can' t tell how long the 12 public testimony will be, but I have to allow public 13 testimony, and I am. 14 MR. HONG: Thank you very much. 15 THE HEARINGS OFFICER: Anything further? 16 MS . SELF: I 'm not aware -- you might mention 17 about dressing appropriately for a site visit -- 18 THE HEARINGS OFFICER: Okay. 19 MS . SELF: -- safety wise. 20 THE HEARINGS OFFICER: I leave it to 21 everybody ' s discretion. 22 MR. COMES : It is rocky terrain. 23 THE HEARINGS OFFICER: We ' ll proceed with this 24 hearing dressed very informally afterwards, so coat 25 and tie is not necessary. SPP No. 12-000138 Page No. 003000 405 1 MR. HONG : Thank you. 2 THE HEARINGS OFFICER: So we ' ll see you on the 3 12th. We ' re adjourned today. 4 MR. HONG : Thank you. 5 (The hearing is adjourned at 12 : 21 p.m. ) 6 --000-- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SPP No. 12-000138 Page No. 003001 4 03001406 1 2 3 4 STATE OF HAWAII ) 5 ) ss . 6 COUNTY OF HAWAII ) 7 8 I, MERCEDES SHARON SOUZA, a certified court 9 reporter in the State of Hawaii, do hereby certify 10 that the foregoing pages are a true and correct 11 transcription of the proceedings in the above matter. 12 13 Dated this 24th day of October , 2013. 14 15 16 17 18 19 Mercedes Sharon Souza, CSR No. 184 20 21 22 23 24 25 ,,._. SPP No. 12-000138 Page No. 003002 Page 407 BEFORE HEARINGS OFFICER SANDRA SONG COUNTY OF HAWAII In the Matter of Connection New ) SPP-12-000138 Century Public Charter School and ) Community Based Education Support ) Services ) Special Permit Application No . } VOLUME III 12-000138 } T R A N S C R I P T 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 8 : 32 a .m. on November 12, 2013 . HEARINGS OFFICER: SANDRA SONG, ESQ. 10 Kamehameha Avenue Hilo, Hawaii 96820 REPORTED BY : M. Sharon Souza, CSR No . 184 ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No. 603063 Page 408 1 For the Applicant TED H. S . HONG, ESQ. 101 Aupuni Street 2 Penthouse Hilo, Hawaii 96720 3 and CARTER K. SIU, ESQ . 4 Deputy Attorney General 235 S . Beretania Street 5 Suite 304 Honolulu, Hawaii 96813 6 For the Planning AMY SELF, ESQ. 7 Director Deputy Corporation Counsel 333 Kilauea Avenue 8 Second Floor Hilo, Hawaii 96720 9 Pro Se Jeff Gomes 10 281 Edita Street Hilo, Hawaii 96720 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .............. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No. (305.504 Page 409 1 THE HEARINGS OFFICER: All right . It ' s a 2 little after 8 : 30 . 3 Is this on? I 'm going to begin the continued 4 hearing of this matter, which is Connections New 5 Century Public Charter School and community-based 6 service education support application for special 7 permit, application number 12-000138 . 8 This is a continuation of the contested case 9 hearing in this matter. I 'm Sandra Song, the hearing 10 officer . 11 Can we just have the parties identify 12 themselves? 13 MR. HONG: Good morning, Madam Hearings 14 Officer, my name is Ted Hong. I represent the 15 community-based education support services also known 16 as CBESS . And also with me is -- from my office this 17 morning is Christine Periot . 18 MR. SIU : Good morning, Deputy Attorney 19 General Carter Siu on behalf of the Applicant 20 Connections . 21 MS . SELF: Good morning, Amy Self, Deputy 22 Corporation Counsel representing the Planning 23 Director . 24 MR. COMES : Jeff Gomes . 25 THE HEARINGS OFFICER: Good morning, ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 pro,, SPP No. 12-000138 Page No. 603005 Page 410 1 Mr. Gomes . 2 Good morning, Mr. Hong . Asleep at the wheel, 3 I didn' t respond. 4 And I just want the parties to know this is 5 all being transcribed. The court reporter is here and 6 there will be a transcript of the proceeding . 7 The first order of business in any contested 8 case hearing is to take public testimony. So at this 9 point I will take public testimony. Right now I have 10 a list of seven witnesses who I will call in order. 11 And I ' ll just read off their names right now. Melvin 12 Yokota, Terence Yoshioka, Dr. Henry Lee Loy, Keala Lee 13 Loy, June Sakamoto, Clayton Kua, and Larry Kimura . 14 If some of these parties are just submitting 15 written testimony, I will accept the written 16 testimony. But you are entitled to testify before me 17 and in this proceeding . We are limiting public 18 testimony to three minutes . 19 So Mr. Yokota, would you like to step forward 20 for testimony? You can be sworn in, so would you 21 please raise your right hand? 22 (Melvin Yokota was duly sworn in. ) 23 THE HEARINGS OFFICER: Thank you. You can sit 24 down . Go ahead. 25 MELVIN YOKOTA: Okay. My name Mel Yokota . ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page No. 809888 Page 411 1 I 'm a resident of Mele Manu Street . From the time I 2 found out about this project, I thought it was kind of 3 odd the way the project was organized and how the site 4 was selected. I 'm in the engineering business, and 5 the projects that I 've been involved in, it ' s usual 6 practice for the client to bring planners and 7 consultants onboard prior to site selection and 8 development in order to obtain the best solution for 9 its needs . 10 In his questioning, Mr. Hong elicited 11 testimony from his planner to acknowledge that for 12 whatever reasons this site was pre-selected so the 13 planners and engineers were tasked to make this site 14 work. We can only guess why this was done. Perhaps, 15 someone had prior intuition that if the team had been 16 involved from the start that this would not end up 17 being the selected site. 18 Mr. Hong also got other witnesses to say that 19 they will do this project in a phase approach. As a 20 result, they don ' t know at this time if full build-out 21 can be achieved. What it will take to achieve full 22 build-out, the impacts of full build-out are unknown, 23 and mitigation measures have not yet been worked out . 24 This has been shown by Mr. Hong ' s asking some 25 of us whether we ' ll be help develop mitigation ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 .a SPP No. 12-000138 Page No. 005001" Page 412 1 measures . And by the way, when I said that I would be 2 willing to give input, that does not imply approval of 3 the permit application. Thank you. 4 THE HEARINGS OFFICER: Thank you. 5 And Mr. Yokota, you did submit a written 6 testimony, is that right? 7 MELVIN YOKOTA: Yes, I did. 8 THE HEARINGS OFFICER: Do the parties all have 9 Mr. Yokota ' s written testimony? 10 MR. HONG: Yes, thank you. 11 MR. SIU: Yes . 12 MS . SELF: Yes . 13 MR. GOMES : Yes . 14 MS . SONG Thank you, Mr. Yokota . 15 Next is Mr . Terence Yoshioka . 16 (Terence Yoshioka was duly sworn in. ) 17 THE WITNESS : Yes, I do . 18 THE HEARINGS OFFICER: Thank you, 19 Mr. Yoshioka . 2C Please proceed. 21 TERENCE YOSHIOKA: Thank you. 22 The Hawaii Supreme Court decision in 23 Neighborhood Board versus State Land Use Commission, 24 64 Hawaii, 265, 1982 ruled that the district boundary 25 amendment is required when the proposed use will ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (8 08) 933-9800 .. �:�. SPP No. 12-000138 Page No. 009060- Page 413 1 change the essential character of the agricultural 2 district . The $30, 000, 00 worth of improvements to be 3 constructed on the property, together with the 4 infusion of hundreds of cars and buses, and five 5 hundred students, faculty, and staff constitute a 6 major urban use of the property that will change its 7 essential agricultural character . As such, petition 8 for this project could only be allowed through 9 district boundary amendment and not through the 10 special permit process . 11 This is consistent with Rule 6-3 (b) (5) which 12 requires that, quote, "The proposed use shall not 13 substantially alter or change the essential character 14 of the land, and present use, " unquote . Although the 15 Planning Department has acknowledged that the project 16 will , quote, "alter or change the essential character 17 of the land and present use, " unquote, it yet found 18 the project to be an unusual and reasonable use of the 19 property because it mistakenly disregarded the seven 20 criteria of Rule 6-3 (b) (5) , and found the school to be 21 unusual simply because schools are not usually 22 considered agricultural in nature, and reasonable 23 because schools are required to support the 24 agriculture community in which they are located. 25 Applying the Department ' s reasoning, every ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page No. 0030 Page 414 1 special permit would automatically qualify as an 2 unusual use because every special permit seeks to 3 introduce a non-agricultural use into an agricultural 4 district . It is inconceivable to believe that this 5 was the intended result . 6 Furthermore, despite the absence of any 7 evidence to establish that this school is required for 8 this or any other agricultural district, the Planning 9 Department yet found the proposed school to be a 10 reasonable use of the property. This conclusion is 11 totally unsupported. 12 Due to time constraints, I refer you to my 13 written testimony, which I hereby offer into evidence . 14 THE HEARINGS OFFICER: Thank you, 15 Mr . Yoshioka. And I have do have written testimony . 16 Mr. Hong, do you have the written testimony? 17 MR. HONG: Yes . 18 THE HEARINGS OFFICER: Mr. Siu? 19 MR. SIU: Yes . 20 THE HEARINGS OFFICER: Ms . Self? 21 MS . SELF: Yes . 22 THE HEARINGS OFFICER: And Mr . Gomes? 23 MR. GOMES : Yes . 24 THE HEARINGS OFFICER: Thank you very much . 25 Next in order is Dr. Henry Lee Loy. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Paye No. 005U10 Page 415 1 Dr . Lee Loy, raise your right hand. 2 (Henry Lee Loy is duly sworn in. ) 3 HENRY LEE LOY : Yes . 4 THE HEARINGS OFFICER: Thank you. You may be 5 seated. 6 Please proceed. 7 HENRY LEE LOY: Good morning, Madam Hearings 8 Officer, my name is Dr. Henry Lee Loy. I live at 9 1579 Mele Manu Street . 10 The traffic impact analysis report by 11 Mr. Philip Rowell states that the purpose and 12 objective of the study was to identify potential 13 deficiencies adjacent to the study project that will 14 impact traffic operation in the vicinity of the 15 proposed project . I will present you evidence that 16 the study failed to meet its purpose and objective . 17 And the report states future traffic growth 18 consists of two components . The first being ambient 19 background growth, and the second component is the 20 estimated traffic that will be generated by other 21 development projects in the vicinity of the proposed 22 project . Related projects are defined as those 23 projects that are to be constructed adjacent to the 24 study project, and would significantly impact traffic 25 in the study area . His report states, quote, "No ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No. 063V 1 1 Page 416 1 related projects were identified, " quote . The report 2 also presumed, quote, "That there would be no traffic 3 along Edita Street, " quote . 4 Contrary to Mr. Rowell ' s report, I 'm 5 submitting evidence that Mr. William Brilhante ' s 6 45-lot subdivision adjacent to the proposed school was 7 tentatively approved by the Planning Department in 8 1998 and resubmitted as recently as August 12, 2012 . 9 Traffic from this subdivision is to unload into 10 Kaumana Drive via Edita Street . 11 And also submitting evidence that another 12 83-lot subdivision called Kumulani Gardens has 13 received tentative approval as of July 24 , 2012 . The 14 entrance to this 83-lot subdivision would be 15 approximately half-a-mile from the intersection of 16 Kaumana Drive and Edita Street . Mr. Rowell again 17 failed to identify this project in his report . 18 His report also fails to identify other 19 projects in the vicinity including Department of 20 Hawaiian Homes residential subdivision, the 39-lot 21 Hokulani Street subdivision, the 23-lot residential 22 subdivision at the intersection of Kaumana and Mohouli 23 Street, the 100-bed skilled nursing facility on 24 Kaumana Drive, and the Mohouli Senior Phase 1 housing 25 project . ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 o SPP No. 12-000138 Page No. 003012 Page 417 1 Madam Hearings Officer, today as you approach 2 Kaumana Drive for a site visit, please drive 3 carefully, you will see the road is narrow and 4 winding. On your left you will note construction of 5 the 100-bed skilled nursing facility, the shark teeth 6 striping on the sharp curve just above Terrace Drive, 7 the numerous side-streets and driveways that feed 8 onto Kaumana Drive, the location of the 83-lot 9 subdivision on your left near Alahelenui, to your 10 right is Hokulani Street which will soon open to 11 traffic from the Akolea Plantation subdivision and a 12 new 39-lot subdivision. 13 Please refer to the colored map I have 14 provided you. Imagine the roadway slick with rain and 15 think of the safety of the Kaumana community. 16 Thank you for your time . Respectfully 17 submitted, Henry Lee Loy. 18 THE HEARINGS OFFICER: Thank you, Dr . Lee Loy, 19 I didn' t see a copy of your written testimony. Would 20 you submit it? 21 MR. HONG: Just for the record -- 22 THE HEARINGS OFFICER: Oh, I do have it . I 'm 23 sorry. Thank you very much . 24 And Mr . Hong, you have the written testimony? 25 MR. HONG: Yes, thank you. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 page No. 6050t��- Page 418 1 THE HEARINGS OFFICER: Mr . Siu? 2 MR . SIU: Yes . 3 THE HEARINGS OFFICER: Ms . Self? 4 MS . SELF: Yes . 5 THE HEARINGS OFFICER: And Mr . Gomes? 6 MR. COMES : Yes . 7 THE HEARINGS OFFICER: Thank you, next in 8 order is Keala Lee Loy. 9 (Keala Lee Loy was duly sworn in. ) 10 KEALA LEE LOY: Yes, thank you . 11 THE HEARINGS OFFICER: Thank you. Please be 12 seated. And proceed when ready. 13 KEALA LEE LOY: Aloha, I 'm 14 Pauline Keala Lee Loy, a resident of Mele Manu Street 15 in Kaumana . 16 I offer this testimony for my own clarity as 17 well as clarity for those who have newly joined the 18 opposition of the development of Connections Public 19 Charter School on Edita Street in Kaumana . 20 Today' s hearing will ultimately determine the 21 recommendation or denial of the special use permit 22 request for the development of Connections Public 23 Charter School on the Department of Land and Natural 24 Resources property on Edita Street . Connections 25 Public Charter School has also already been granted ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (608) 933-9800 SPP No. 12-000138 page Na. 003011"'t Page 419 1 the lease for the property and is currently waiting 2 the green light to proceed with development . They 3 plan to build a school to accommodate more than four 4 hundred students along with faculty and staff over a 5 sixteen to twenty-five-year period. 6 In opposition of this development is a Kaumana 7 community unaware of the proposed project until long 8 after the release of the environmental assessment . A 9 full environmental impact study was not done, 10 Connections Public Charter School implies that the 11 community was included in the planning process . It 12 was not, however, clearly established as to which 13 community was included, but it was certainly not the 14 neighboring community of the desired location of its 15 school . 16 Mr . Hong has also implied offense to the No 17 Connections signage and alleged website . It simply 18 represents the fact that no connections were made 19 between Connections Public Charter School and the 20 neighboring community at the proposed location . You 21 will notice that Connections School posted keep-out 22 signs on the hogwire fence fronting a well-manicured 23 parcel at our site visit today. 24 As a community member, I interpreted the sign 25 as an act of intimidation and bullying and a counter ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 . �, SPP No. 12-000138 Page No. 0030t�r Page 420 1 reaction to the community who had erected No 2 Connections signs to publicly declare the lack of 3 inclusivity. 4 A year ago former Planning Director, 5 Ms . Bobby Jean Leithead implored Connections Public 6 Charter School to meet with the community. Since then 7 the school held only one meeting back in December 2012 8 in the middle of work day in the Kress Store building, 9 led by vice-principal and paralegal Susan Lee Loy. 10 The questions posed by the community members present 11 were not adequately addressed in the absence of both, 12 Mr. Thatcher and Mr. Hong. And there was no follow-up 13 attempt to communicate with meeting attendees 14 thereafter. The Project Manager Celia Shen indicated 15 in the last hearing that this project is an ongoing 16 process and plans change, yet she has never approached 17 anyone from the neighboring community to provide input 18 as the company she represents, Wil Chee and 19 Associates, proudly advertises . 20 In previous hearings, we have been 21 consistently reminded that Connections Public Charter 22 School is not required to implement, follow, or adhere 23 to the same State guidelines enforced on schools that 24 receive State and Federal funds . It is certainly our 25 hope that any school would voluntarily abide by all ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 a SPP No. 12-000138 Page No. 6030V 16 Page 421 1 requirements and guidelines involving the health and 2 safety of its constituents . There is no compromise . 3 THE HEARINGS OFFICER: Thank you, 4 Mrs . Lee Loy. And you did submit written testimony? 5 KEALA LEE LOY: Yes, I did. 6 THE HEARINGS OFFICER: Mr. Hong you have that? 7 MR. HONG: Yes, thank you. 8 THE HEARINGS OFFICER: Mr. Siu? 9 MR. SIU: Yes, thank you . 10 THE HEARINGS OFFICER: Ms . Self? 11 MS . SELF: Yes . 12 THE HEARINGS OFFICER: And Mr. Gomes? 13 MR. GOMFS : Yes . 14 THE HEARINGS OFFICER: Okay, thank you very 15 much. 16 KEALA LEE LOY: Thank you. 17 THE HEARINGS OFFICER: Next in order is June 18 Sakamoto . 19 I have written testimony from Ms . Sakamoto, 20 but I don' t think she ' s planning to testify. 21 JUNE SAKAMOTO: No . 22 THE HEARINGS OFFICER: Thank you, 23 Ms . Sakamoto . 24 I do have the written testimony. 25 Mr . Hong, do you have the written testimony? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 F SPP No. 12-000138 Page No. 063 V0 1 T Page 422 1 MR. HONG: Yes, thank you. 2 THE HEARINGS OFFICER: Mr . Siu? 3 MR. SIU: Yes . 4 THE HEARINGS OFFICER: And Ms . Self? 5 MS . SELF: Yes . 6 THE HEARINGS OFFICER: And Mr. Gomes? 7 MR. COMES : Yes . 8 THE HEARINGS OFFICER: Okay, thank you. All 9 right . 10 We ' ll move on. 11 Clayton Kua is next in order . 12 HENRY LEE LOY: He ' s not present, but I ' ll 13 submit his written testimony. 14 THE HEARINGS OFFICER: Okay. I do have 15 written testimony from Mr . Clayton Kua . 16 Mr . Hong, you have that? 17 MR. HONG: Yes, I do. 18 THE HEARINGS OFFICER: Mr . Siu? 19 MR. SIU: Yes . 20 THE HEARINGS OFFICER: Ms . Self? 21 MS . SELF: Yes . 22 THE HEARINGS OFFICER: And Mr . Gomes? 23 MR. DOMES : Yes . 24 THE HEARINGS OFFICER: Larry Kimura is next in 25 order. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No. 6630!a Page 423 1 HENRY LEE LOY : Dr . Larry Kimura is not 2 present, but I did submit his written testimony. 3 THE HEARINGS OFFICER: I do have written 4 testimony from Larry Kimura . 5 Mr . Hong, do you have that? 6 MR. HONG: Yes . I THE HEARINGS OFFICER: Mr . Siu? 8 MR. SIU: Yes . 9 THE HEARINGS OFFICER: Ms . Self? 10 MS . SELF: Yes . 11 THE HEARINGS OFFICER: And Mr . Gomes? 12 MR. COMES : Yes . 13 THE HEARINGS OFFICER: Finally, the last one 14 on my list is Wayne Kanemoto. Is Mr . Kanemoto 15 present? 16 WAYNE KANEMOTO: Yes . 11 (Wayne Kanemoto is duly sworn in. ) 18 Yes, I do . 19 THE HEARINGS OFFICER: Thank you. You may be 20 seated. 21 WAYNE KANEMOTO: Good morning. 22 THE HEARINGS OFFICER: Good morning. 23 WAYNE KANEMOTO: I ' d like to start off -- I 24 don' t have copies of the testimony. I oppose the 25 building of Connections Charter School in Kaumana . I ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page No. 60301-a- Page 424 1 realize that they have the flexibility with 2 curriculum, direct management of energy and resources, 3 thus, allowing them to be innovative, but they must 4 also follow Federal laws and regulations and State 5 standards as other public schools . 6 I believe the location and building of the 7 facilities should have been done with due diligence, 8 in other words, doing their homework. Flexibility 9 does not mean they can disregard nor take lightly the 10 critical task of earning our community ' s trust and 11 respect . They started with their ineffective 12 communication to make us aware of their plans and 13 their outreach to engage us to accept them in our 14 community. They continue to push back to lend to 15 hearings and the legal proceedings for over a year, 16 not working on meeting the wants and needs of our 17 local community. 18 From a financial view, they have not spent 19 their money well . Charter schools have historically 20 had financial shortfalls, received funds in addition 21 to the State allocations . The priority for money 22 spent should be instructions, not the acquisition of 23 lands and resources . The decision to continue this 24 confrontational approach leads me to believe that they 25 will spend their funds foolishly. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 . , SPP No. 12-000138 palge No. Page 425 1 Often safety has not been adequately 2 addressed. Water is a critical factor because a 3 supply restricts the student and faculty population. 4 Management and operations factors in my opinion are 5 another critical factor that impact construction and 6 finance . They have chosen to phase the campus 7 construction, which creates additional management and 8 operations cost, one campus site, mix management, and 9 operational sets . Then can maximize their staff 10 resources by team teaching, curriculum articulation, 11 staff education and training, management supervision, 12 student transition through grade levels are the best 13 practices . Transportation has always been an issue 14 and can be more effectively handled with one campus . 15 I have not had -- I have not heard compelling 16 reasons for the campus to be constructed in our 17 community. In summary, as a good neighbor, 18 Connections has not earned the trust and respect of 19 the community. They have not done their homework and 20 made poor management and operations decisions . Thank 21 you . 22 THE HEARINGS OFFICER: Thank you. 23 MR. HONG : Madam Chair, the witness was 24 reading from a document . May I suggest that the 25 Planning Department make copies of the document to ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No. 885641 Page 426 1 distribute to all of us? 2 THE HEARINGS OFFICER: Mr . Kanemoto, do you 3 want to submit copies of what you read from? If you 4 do not, you do not have to submit it, but it is your 5 choice . 6 WAYNE KANEMOTO: No, it ' s a waste of money. 7 THE HEARINGS OFFICER: Mr . Hong, 8 Mr. Kanemoto ' s testimony was taken down by the court 9 reporter, so it is on the record. 10 MR. HONG: Thank you. 11 THE HEARINGS OFFICER: I have also have 12 written testimony from Dana Kenny -- I 'm sorry, is 13 Dana Kenny present? 14 DANA KENNY: Yes . 15 THE HEARINGS OFFICER: Do you want to testify 16 or do you want to just submit your written testimony? 17 DANA KENNY : I ' ll just leave the written 18 testimony. 19 THE HEARINGS OFFICER: Okay. Mr . Hong, do you 20 have the written testimony? 21 MR. HONG: Yes, I do . 22 THE HEARINGS OFFICER: Mr . Siu? 23 MR. SIU : I do. 24 THE HEARINGS OFFICER: Ms . Self? 25 MS . SELF: Yes . ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 `... . SPP No. 12-000138 Page No. Page 427 1 THE HEARINGS OFFICER: And Mr. Gomes? 2 MR. GOMES : Yes . 3 THE HEARINGS OFFICER: And I 'm accepting Dana 4 Kenny' s written testimony. Is there any other person 5 in the audience that wishes to give public testimony 6 this morning in this proceeding? 7 NORINE OKUHARA: Yes . 8 THE HEARINGS OFFICER: Can I have your name? 9 NORINE OKUHARA: Norine Okuhara . I have 10 written testimony, but somehow or other, it didn ' t 11 come in. 12 THE HEARINGS OFFICER: Ms . Okuhara, I don ' t 13 have your written testimony. Did you give it to the 14 Planning Department? 15 NORINE OKUHARA: No. It ' s supposed to come in 16 through Mr. Gomes, but Mr . Gomes didn ' t receive it . 17 THE HEARINGS OFFICER: Do you want to testify 18 this morning? 19 NORINE OKUHARA: Yes -- yes, and can I, you 20 know, submit the testimony afterwards? 21 THE HEARINGS OFFICER: Yes, you can submit it 22 afterwards, but if you want to testify this morning, I 23 have to swear you in. 24 NORINE OKUHARA: Yes . 25 (Norine Okuhara was duly sworn in. ) ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 , .,.- SPP No. 12-000136 Page No. 003023 Page 428 1 Yes . 2 THE HEARINGS OFFICER: Please take a seat . 3 Thank you. Ms . Okuhara, how do you spell your 4 last name? 5 NORINE OKUHARA: O-K-U-H-A-R-A. 6 THE HEARINGS OFFICER: And your first name? 7 NORINE OKUHARA: N-O-R-I-N-E . 8 THE HEARINGS OFFICER: And what is your 9 address? 10 NORINE OKUHARA: My address is 1209B 11 Kaumana Drive. 12 THE HEARINGS OFFICER: Thank you. Would you 13 please proceed? 14 NORINE OKUHARA: Okay. I live right below 15 where they ' re planning on building Connections, and my 16 main concern has always been the water, because at 17 this point in time -- in the December ' s meeting with 18 Connections, Eric White stated that -- that the 19 student population will go according to the amount of 20 water they have, the water rights that they have . And 21 my question is who is to stop them from admitting more 22 students? Who is going to monitor this? Okay. That 23 to me is a major concern, because I 'm thinking about 24 our community. And our community is not that big. 25 But we ' re -- a lot of us are senior citizens and ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No. 003024- Page 429 1 should anything happen to our home, should a fire 2 occur, and we don' t have enough water to put it out, I 3 can ' t start all over again. I don 't have the finances 4 to start all over again. 5 Okay. And when we suspended the meeting with 6 the Windward Planning Commission, we did -- we, the 7 community did not know about the two additional 8 subdivisions, the Kumalani, and the Hilo side -- 9 Hillside subdivisions, plus the senior care center. 10 I did not know until I came back from my vacation, and 11 driving home I said, "What is that?" okay. Then I 12 understand it ' s going to occupy a hundred patients . 13 And as it is, when you travel up to Kaumana, 14 the roads aren' t that great, okay. We need 15 resurfacing of the roads . With the additional traffic 16 at the school , the two subdivisions, plus the care 17 home, I can just imagine how bad our roads will 18 become . 19 So you know, just speaking from my heart, you 20 know, I 'm not against Connections . I 'm not against 21 the students, you know. It ' s just the process, 22 because I lived in Kaumana over forty years . 23 JEFF DARROW: Thirty seconds left . 24 NORINE OKUHARA: And you know, I didn' t know 25 anything about the prior meetings, so when I was ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No. @03025- Page 430 1 contacted, you know, I was in shock. Thank you. 2 THE HEARINGS OFFICER: Thank you very much, 3 Mrs . Okuhara. 4 Is there anybody else in attendance that 5 wishes to testify as a public witness in this 6 proceeding? So the record would reflect no response . 7 We ' re done with the public hearing portion of this 8 proceeding. 9 We are scheduled to go on a site visit, and 10 since it ' s not raining -- and this is Hilo, I see no 11 reason why we can' t do the site visit . Before we go I 12 want to take up one matter -- or two matters -- the 13 first is, there was an application filed by 14 Terence Yoshioka to be admitted as a party in this 15 proceeding. I received comments from all of the 16 parties . Is there anything further? And I have read 17 the comments, so please, if you want to add anything, 18 you can add, but don ' t repeat what you've done in 19 writing. 20 Mr . Hong, do you have anything more? 21 MR. HONG: No, thank you. We rest on or 22 the written submission that was filed on November 8, 23 2013 . 24 MR. SIU: I also rest on my submissions . 25 THE HEARINGS OFFICER: Ms . Self? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page Na. 66SOV28 Page 431 1 MS . SELF: I have nothing further. 2 MR. COMES: No comments . 3 THE HEARINGS OFFICER: Okay. The Planning 4 Commission rules are really clear on this issue, Rule 5 4 . 4-6 of the Planning Commission rules provides that 6 any person seeking to intervene as a party shall file 7 a written request on a form approved by the Planning B Director, and accompanied by a filing fee of two 9 hundred dollars no later than seven calendar days 10 prior to the Commission ' s first meeting on the matter. 11 In this case, Mr. Yoshioka, and it also says 12 if any -- the grant or denial of -- according to 13 Corporation Counsel, as Hearings Officer, I am 14 authorized to rule on this motion. It does not have 15 to go back to the Commission, itself . It ' s clear that 16 the first hearing in this matter happened long before 17 this contested case hearing. And even if the 18 contested case hearing would have been considered a 19 first hearing on this matter, the application should 20 have been filed seven days before that . 21 And I find that there is no exceptions in the 22 rule unless all of the parties stipulate to an 23 exception, and the parties have not stipulated to an 24 exception. So consequently, Mr. Yoshioka, I have to 25 deny your request . I will advise you, though, that ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (BOB ) 933-9800 SPP No. 12-000138 Pciye No. 003027 Page 432 I the rules also provide that any applicant who has been 2 denied standing may appeal the decision to Circuit 3 Court pursuant to HRS Section 91- 14 . 4 So you are free to appeal the decision. But 5 I 'm sorry, I can ' t allow you to participate as a 6 party. 7 The other thing I wanted to take up now -- 8 JEFF DARROW: Ms . Hearings Officer -- 9 THE HEARINGS OFFICER: Yes . 10 JEFF DARROW: We do have a late public 11 testifier . 12 THE HEARINGS OFFICER: Was the person in the 13 audience before? 14 JEFF DARROW: No, they just arrived. 15 THE HEARINGS OFFICER: The public testimony 16 portion has been completed. If the parties do not 17 object, then I will allow it, but if there is an 18 objection, it ' s rather late. 19 MR. HONG: On behalf of CBESS, I object . 20 THE HEARINGS OFFICER: Mr . Siu? 21 MR. SIU: I would join in the objection . 22 THE HEARINGS OFFICER: Ms . Self? 23 MS . SELF: I have no objection. 24 MR. COMES : No objection. 25 THE HEARINGS OFFICER: Since there is ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No. 003028 Page 433 1 objections, I 'm not going to allow the testimony now. 2 However, if the person wants to submit written 3 testimony, I will accept the written testimony before 4 the close of the hearing. 5 And the issue of public testimony -- there may 6 be additional time for the public testimony, depending 7 on what is decided today. 8 I contacted the parties on Friday to see if -- 9 for the parties to explore an alternative dispute 10 resolution option, which is -- I don ' t know if you 11 call it mediation or facilitation, or some alternative 12 means of resolving this matter, because it ' s been 13 obvious to me that this matter is very contentious, 14 and in fact, that ' s why we ' re here for a contested 15 case hearing. And I asked the parties to go back and 16 think about it . I didn ' t want a decision right away. 17 And my suggestion is if the parties will 18 agree, do agree to do that, the hearing would be 19 postponed to -- probably four to six weeks to allow 20 the parties time to participate in mediation, or 21 whatever you want to call it, because some people are 22 a little scared of mediation -- dispute resolution, 23 let ' s put it that way. 24 But I would proceed with the site visit today, 25 and I will proceed with taking the additional ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No. 003029 Page 434 1 witnesses today, but I will defer closing arguments 2 until after mediation -- and proposed findings of fact 3 until after mediation. If nothing -- and I would not 4 have any knowledge of the mediation, that is 5 confidential and anything discussed in the mediation 6 stays confidential, because that ' s part of the 7 process . 8 If the parties have, somehow through all this 9 dispute, reach a consensus, that is more power to all 10 of you . And if you don ' t, and we ' ll come back, and no 11 harm, no foul , proceed as we have been doing . So I 'm 12 going to go through and ask the parties if they will 13 -- and I might I also point out if this matter does go 14 to dispute resolution, there will likely -- and must 15 be other people and stakeholders involved in the 16 process that are not parties, because to resolve 17 things you need all the stakeholders present, and 18 Mr. Games I can tell you ' re not the only stakeholder. 19 It ' s obvious from the public testimony there are 20 others involved, and the person handling the mediation 21 or the dispute resolution will want to want to bring 22 in all stakeholders, if possible. 23 So it ' s a method of resolution that is amazing 24 in my opinion, and I strongly recommend it . And I do 25 recognize that any permits are subject to the approval ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No. 6050515- Page 435 1 of the Planning Commission, and I have to write a 2 report, but if there is a consensus, there is nothing 3 wrong with the parties submitting something to the 4 Commission saying that this is the consensus of what 5 they have done . 6 So Mr . Hong, do you want to proceed with 7 mediation, or alternate dispute resolution? 8 MR. HONG: As we have indicated on Friday, my 9 client is more than willing to participate in 10 alternate dispute resolution in terms of community 11 outreach, as the record is clear, that we 've always 12 been doing, thank you . 13 THE HEARINGS OFFICER: Mr . Siu? 14 MR. SIU: Same, we agree . 15 THE HEARINGS OFFICER: Ms . Self? 16 MS . SELF: The Planning Director has agreed to 17 be a part of the mediation . 18 THE HEARINGS OFFICER: Mr . Gomes? 19 MR. GOMES : I agree . 20 THE HEARINGS OFFICER: Well, you know, I 'm 21 very, very pleased. I can ' t tell you how the process 22 will come out, but I can tell you I have seen some 23 really strange things happen, but I 've seen 24 resolutions . It can work, and if doesn ' t work, it 25 may, at least, narrow the issues for you. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 ,,• „ SPP No. 12-000138 Page No. 005V�s 1 Page 436 1 So Mr . Hong? 2 MR. HONG : Not on this matter, not on this 3 issue . 4 THE HEARINGS OFFICER: All right . Well, at 5 this point, I think we can recess to have a site 6 visit . Our court reporter is not coming with us, 7 because she ' s worried about her machine, so we will 8 tape-record the proceeding. 9 MR. HONG : Well, I just wanted to clarify what 10 the ground rules are before we go out there so 11 everybody knows what the ground rules are . We ' re not 12 taking testimony from anybody? 13 THE HEARINGS OFFICER: We ' re not taking 14 testimony from anybody, if there are comments, 15 Mr. Hong, since your client -- it ' s your client ' s 16 property, if you can show -- what I will allow, if 17 there are certain things that you want to be shown, 18 you can show those, but don ' t give arguments . 19 Same thing, Mr. Gomes, if there are certain 20 things on the property that you know about that you 21 want to see -- you can show those -- mention those . 22 Is that okay? 23 MR. COMES : And may I describe to you -- 24 THE HEARINGS OFFICER: I don ' t want any 25 argument . Just if there is an area that you want us ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page Nu. 063032 Page 437 1 to see, what it is . 2 MR. COMES : Okay. 3 THE HEARINGS OFFICER: I also want to drive to 4 the end of the cul-de-sac, at least, so I can 5 understand -- I want to do that with the Planning 6 Department, so I can see where the property is in 7 relation to the community. 8 MR. SIU: And before anybody goes on to the 9 property, we have these release and indemnification 10 forms for people to fill out . 11 THE HEARINGS OFFICER: Mr. Siu, I have done 12 land use work for over thirty-five years, and I have 13 never heard of a Commission having a release form 14 signed for a site visit . Nor --- and I 've talked to 15 the planning department, and they ' re not -- the staff 16 is not familiar with this type of thing. 17 Now, if you don ' t want me to go on the site I 18 won ' t go on the site . But if you ' re insisting that we 19 sign a release form now, when this has never been done 20 in land use proceedings that I know of, from the Land 21 Use Commission, from the Land Board, or the Planning 22 Commission, that ' s your choice. 23 MR. HONG: well, I will note that in terms of 24 the lease, my client is responsible if anybody gets 25 injured on the property. And you know, it is wet . It ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 �.,. SPP No. 12-000138 page No. 003635- Page 438 1 has been raining, the area is muddy. There are some 2 slick areas . God forbid that somebody gets hurt -- 3 but my client will be responsible for that . So I 'm -- 4 I 'm very concerned about that . And that ' s why we had 5 suggested at the last hearing about this 6 indemnification . 7 So that ' s where I 'm coming from on all this . 8 THE HEARINGS OFFICER: Ms . Self, have you ever 9 had to have sign a release of indemnity? You ' ve been 10 involved with the Planning Commission for many years . 11 MS . SELF: I 'm thinking we had to for Hoonua. 12 THE HEARINGS OFFICER: You don ' t remember? 13 MS . SELF: I can ' t say for sure, but I know 14 there were ground rules, because there was -- was a 15 mill there, or a factory type building there that was 16 in operation. I think we had to wear hard hats . So 17 there were some procedural things that had to be 18 complied with because of the landowner ' s concern for 19 liability. 20 THE HEARINGS OFFICER: I understand hard hats 21 in an industrial area . But again, I don ' t recall any 22 --- unless you can verify that there was a release . 23 MS . SELF: I can ' t say for sure -- but is 24 Jeffrey around -- do you recall? There was no 25 release? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page No. 0050,34 Page 439 1 MR. DARROW : No . 2 THE HEARINGS OFFICER: And I 'm not inclined to 3 start changing this policy, because this has been the 4 policy for land use cases for as long as I know. 5 MR. SIU: Well, I ' m not -- see, this is my 6 first case in this area, and I ' m not sure if there is 7 a policy as a practice, but you know, I think I did 8 voice the concerns of the latter, which is the 9 Connections -- 10 THE HEARINGS OFFICER: Mr. Siu, if the Land 11 Use Commission asks to visit the property, and they' re 12 going to tell you they' re not going to sign an 13 indemnity, are you going to say they can ' t go onto the 14 property? 15 MR. SIU: Well, this is so that the person 16 taking it down on the record understands where I 'm 17 coming from so it ' s preserved for record purposes . 18 THE HEARINGS OFFICER: That ' s fine. 19 MR. SIU : And you know, this is undeveloped 20 land, and anything can happen. Just so you 21 understand, we wanted to do it, but if this -- you do 22 not require it, then that ' s something we have to 23 consider going forward. But I ' ll consult with Ted 24 afterward, and then we ' ll talk to you after that about 25 the decision. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page No. 003055 Page 440 1 MS . SELF: I ' d also like to add that if it ' s 2 the Planning Commission members who are going out to 3 the site visit, we' re covered under the County, it ' s a 4 County entity. I think their concern was with the 5 members of the public. 6 THE HEARINGS OFFICER: Well, so I 'm covered as 7 a County contractor -- 8 MS . SELF: Yes . 9 MR. HONG: Workmen ' s comp . 10 THE HEARINGS OFFICER: I don ' t think there is 11 workers ' comp for me even though you do employment law 12 more than I do. 13 If you want Mr. Gomes to sign because he ' s not 14 covered, I have no objections to that . But the 15 government employees, I think don ' t need any. 16 MR. HONG: I agree, again, and it ' s just a lot 17 of people who are not familiar with the area -- well, 18 our concern is they just get into the property and 19 then they start wandering around. I mean, as Mr . Siu 20 pointed out, that is undeveloped land, a lot of 21 overgrowth . There is some rock outcroppings that are 22 covered by brush, that kind of stuff, so that ' s what 23 we ' re worried -- 24 THE HEARINGS OFFICER: No illegal plants? 25 MR. HONG: No . Well, I think we got rid of ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page No. 08365-V Page 441 1 those from some of the other surrounding property 2 owners . 3 THE HEARINGS OFFICER: Okay. Thank you. All 4 right . We will be standing in recess to go to the 5 site visit then . 6 MR . HONG: Thank you. 7 (Recess . ) 8 THE HEARINGS OFFICER: We ' re back on the 9 record, and I will note the presence of all the 10 parties . it During the recess Mr . Gomes just informed me 12 that his mother is in the emergency room, and he wants 13 to be excused. I cannot in good conscience go ahead 14 with this hearing if he ' s not present . 15 So my suggestion and recommendation, and I put 16 it out to the parties, is it ' s unfortunate that we 17 can ' t go ahead with the testimony, but I recommend 18 that we recess this hearing. We ' re going to continue 19 this anyway for mediation. And I 'm proposing a 20 six-week period for mediation because of the holidays . 21 So -- and then we can -- if there is not a 22 consensus, we can finish up the testimony then . If 23 any party is subpoenaed and present today, that 24 subpoena is still in effect, and they will have to 25 appear at a continued hearing . But they will be -- ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 �. SPP No. 12-000138 Page No. 60303:T- Page 442 1 Mr. Hong, it ' s your witnesses that you subpoenaed, you 2 can provide them with a time . But the subpoena still 3 is a continuing subpoena, so I am going to order the 4 witnesses that have been subpoenaed to re-appear at 5 the next hearing. 6 Darryn -- Mr . Hong, is that acceptable to you? 7 MR. HONG: Absolutely. I sympathize, and I 'm 8 so sorry to hear about his mom. 9 THE HEARINGS OFFICER: So Mr. Siu? 10 MR. SIU: I agree. 11 THE HEARINGS OFFICER: Ms . Self? 12 MS . SELF: Yes . 13 THE HEARINGS OFFICER: Darryn, do we have a 14 calendar? Can we try to look at a date? Because of 15 the schedule in the department -- because there are 16 Commission hearings the first full week of January, 17 we ' re looking at January 13, is that open right now? 18 Mr. Gomes is okay with that . 19 MR. HONG : I start a trial that week with 20 Judge Hara, we have a settlement conference this 21 Friday. And I 'm -- 22 THE HEARINGS OFFICER: That ' s a jury trial? 23 MR. HONG: Yes, that ' s a jury trial . 24 THE HEARINGS OFFICER: You ' re going to be tied 25 up in trial for weeks . ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9600 .. SPP No. 12-000138 Page No. 6896513- Page 443 1 MR. HONG: Yes, if it goes . Again, we have a 2 settlement conference on Friday. May I suggest that 3 we have a status conference on the phone? 4 THE HEARINGS OFFICER: To set a date? 5 MR. HONG: If we can make it late in the 6 afternoon, about 4 : 00 because our settlement 7 conference starts at 2 : 00, and Judge Hara gave us two 8 hours . 9 THE HEARINGS OFFICER: On Friday -- why don' t 10 we have a phone conference at four o ' clock on Friday 11 to set the date? 12 MS . SELF: This Friday? 13 THE HEARINGS OFFICER: Yes . I can do that at 14 4 : 00 P .M. 15 MR . HONG: Or 4 : 30? 16 THE HEARINGS OFFICER: Or -- 4 : 30 would be 17 better for me . 18 And then I ' ll have the Planning Department 19 look at what date early in January is available . 20 MR . HONG: Additionally, in the interest of 21 expediting proceedings, I ' d be willing to waive 22 closing argument, and just basically, submit a 23 proposed finding of fact and conclusions of law. 24 THE HEARINGS OFFICER: I understand that, 25 Mr . Hong. However, I still think there are witnesses ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No. 00505-9- Page 444 1 that we have to deal with. 2 MR. HONG: Right, right . I mean I 'm looking 3 farther ahead. 4 THE HEARINGS OFFICER: All right, so we ' ll 5 have a status conference by phone -- a pre-hearing 6 conference at 4 : 30 on Friday. 7 Darryn, are there witnesses outside that were 8 subpoenaed? Should we have them come in so I can 9 order them to come back? 10 MR. HONG: Ms . Leithead-Todd and Mr . Fuke have 11 been subpoenaed to testify. 12 THE HEARINGS OFFICER: Mr . Fuke, we ' re having 13 to continue the hearing because of an emergency of 14 Mr. Gomes . So sinceyou were subpoenaed, we ' re 15 looking at continuing this hearing for six weeks . We 16 don ' t know the date, but I am going to order that you 17 do appear on the next date without having been served 18 again, but we will contact you. Thank you for 19 appearing today. 20 MR. FUKE: Sure . 21 MR. HONG: And I think Ms . Leithead--Todd is 22 outside. 23 THE HEARINGS OFFICER: Good morning. 24 MS . LEITHEAD-TODD: Good morning. 25 THE HEARINGS OFFICER: Ms . Leithead-Todd, we ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 a...r SPP No. 12-000138 Page No. 66504-6�- Page 445 1 have to recess this hearing because of a family 2 emergency with one of the parties, but since you were 3 served with the subpoena, I 'm going to order that the 4 hearing will be continued for approximately six weeks . 5 MS . LEITHEAD-TODD: Okay. 6 THE HEARINGS OFFICER: But I 'm going to order 7 that you appear for this hearing -- 8 MS . LEITHEAD-TODD: Okay. 9 THE HEARINGS OFFICER: -- without having to be 10 served with a subpoena, but we will be in contact with 11 you as to the date and time . 12 MS . LEITHEAD-TODD: All right . 13 THE HEARINGS OFFICER: Thank you so much for 14 coming. 15 So with that note -- Ms . Self? 16 MS . SELF: I have a question, if we have a 17 phone conference this Friday at 4 : 30 to discuss dates, 18 so the Planning Department will be closed -- 19 THE HEARINGS OFFICER: Can we do it at 4 : 15? 20 MR. HONG: I can also offer our conference 21 number where you just punch in the phone number, and a 22 conference code, that be fine . 23 THE HEARINGS OFFICER: I just want to make 24 sure that somebody from the staff is available, so 25 we ' ll do it at 4 : 15 . ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 �.... SPP No. 12-000138 Page 446 1 MS . SELF: We still have time to do the 2 calendar -- 3 THE HEARINGS OFFICER: We ' ll do it at 4 : 15 4 Friday. With that, if there is nothing further, we ' re 5 going to recess the hearing, and thank you . 6 Mr . Gomes I hope your family situation is 7 better . 8 MR. GOMES: Thank you . 9 (The hearing adjourned at 11 : 11 a.m. ) 10 --000--- 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No. 08304-9-- 1 STATE OF HAWAII ) 2 3 COUNTY OF HAWAII ) 4 5 I, MERCEDES SHARON SOUZA, a certified court 6 reporter in the State of Hawaii, do hereby certify 7 that the foregoing pages are a true and correct 8 transcription of the proceedings in the above matter. 9 10 Dated this 16th day of November, 2013 . 11 12 13 14 15 16 Mercedes Sharon Souza, CSR No . 184 17 18 19 20 21 22 23 24 25 ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933--9800 SPP No. 12-000138 Page No.66504t­ Page 448 BEFORE HEARINGS OFFICER SANDRA SONG COUNTY OF HAWAII In the Matter of Connection New ) SPP-12-000138 Century Public Charter School and ) Community Based Education Support ) VOLUME IV Services ) (Pages 448 - 590) Special Permit Application No. ) 12-000138 ) -----------------------------------J T R A N S C R I P T of the Public Hearing had in the above-entitled matter before Hearings Officer Sandra Song at 25 Aupuni Street, Conference Room, Hilo, Hawaii 96720 commencing at 9: 10 a .m. , on Wednesday, January 8, 2014 . HEARINGS OFFICER: SANDRA SONG, ESQUIRE 10 Kamehameha Avenue Hilo, Hawaii 96720 TAKEN BEFORE: SUSAN R . NAKAMOTO, CSR NO. 237 Notary Public, State of Hawaii ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No.00304*- Page 449 1 APPEARANCES : 2 For the Applicant TED H . S . HONG, ESQUIRE Hilo Lagoon Centre 3 101 Aupuni Street, PH 1002-A Hilo, Hawaii 96720 4 and 5 CARTER K. SIU, ESQUIRE 6 Deputy Attorney General 235 S . Beretania Street 7 Suite 304 Honolulu, Hawaii 96813 8 For the Planning AMY SELF, ESQUIRE 9 Director Deputy Corporation Counsel 333 Kilauea Avenue 10 Second Floor Hilo, Hawaii 96720 11 Pro Se JEFF COMES 12 281 Edita Street Hilo, Hawaii 96720 13 14 15 16 17 18 19 20 21 22 23 24 25 ........... .......... ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9600 1. SPP No. 12-000138 Page mv.06584-&- Page 450 CONTENTS 2 WITNESSES: PAGE 3 PHILLIP ROWELL Direct Examination by Mr. Hong 452 4 Cross Examination by Mr. Gomes 464 Redirect Examination by Mr. Hong 495 5 DUANE KANUHA 6 Direct Examination by Ms . Self 497 Cross Examination by Mr. Hong 498 7 Examination by Hearings Officer 499 DARYN ARAI Direct Examination by Mr. Hong 500 9 BOBBY JEAN LEITHEAD-TODD 10 Direct Examination by Mr. Hong 506 Cross Examination by Mr. Gomes 516 11 Redirect Examination by Mr. Hong 538 12 SIDNEY FUKE Direct Examination by Mr. Hong 541 13 Cross Examination by Mr. Gomes 559 Redirect Examination by Mr. Hong 573 14 JOHN THATCHER Direct Examination by Mr. Hong 584 15 EXHIBITS : FOR ID IN EVIDENCE 16 A24 State Land Use Boundary Maps 505 505 17 A25 County of Hawaii Zoning Map 505 505 18 A26 Excerpt of Zoning Code Section 538 539 19 25-5-72 20 A27 12/6/99 Letter from the Land Use 540 540 Commission to Virginia Goldstein 21 A28 1/7/2000 PBR Hawaii Letter 540 540 22 to Ms . Esther Ueda 23 24 25 ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 �. SPP No. 12-000138 Page NU.80384f�— Page 451 1 WEDNESDAY, JANUARY 8, 2014 9: 10 A.M. 2 THE HEARINGS OFFICER: Good morning. Good 3 morning. This is Special Permit Application 4 No. 12-000138 . It ' s the application of Connections New 5 Century Public Charter School and Community-Based 6 Education Support Services for a special permit on 7 property located at 141 Kaumana, tax map key 3256, parcel 8 141 . 9 I 'm Sandy Song, and I 'm the hearing officer. Can 10 each of the parties identify themselves . 11 MR. HONG: Good morning, Madam Hearings Officer. 12 My name is Ted Hong. With me this morning from my office 13 is Susan Lee Loy. We represent CBESS, one of the 14 applicants . 15 MR. SIU: Good morning . Deputy Attorney General 16 Carter Siu here on behalf of applicant, Connections 17 Public Charter School . 18 MS . SELF: Good morning. Deputy Corporation 19 Counsel Amy Self here on behalf of the Planning Director. 20 MR. GOMES : Jeff Gomes . 21 THE HEARINGS OFFICER: Good morning. Since this 22 is a contested case hearing, the rules require that we 23 take public testimony before any evidence in this case. 24 Is there anybody here to give any public testimony today? 25 The record will reflect no response . ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No.003041" Page 452 1 I do have though a written letter from Paul 2 Scotty Paiva dated November 5, 2013 . I 'm going to accept 3 that as public testimony in this hearing. And I believe 9 all the parties were provided with copies of this 5 testimony. 6 Mr. Hong? 7 MR. HONG: Yes, thank you. 8 THE HEARINGS OFFICER: Mr. Siu. 9 MR. SIU: Yes . 10 THE HEARINGS OFFICER: Ms . Self? 11 MS . SELF: Yes . 12 THE HEARINGS OFFICER: And Mr. Gomes? 13 MR. COMES : Yes . 14 THE HEARINGS OFFICER: The last time when we 15 recessed, Mr. Hong, you had additional witnesses that you 16 were planning to call. Would you like to call your first 17 witness . 18 MR. HONG: Thank you. Our first witness this 19 morning is Phillip Rowell . 20 THE HEARINGS OFFICER: Mr. Rowell, would you 21 please stand and raise your right hand. 22 PHILLIP ROWELL, 23 called as a witness on behalf of Applicant, having been 29 first duly sworn was examined and testified as follows : 25 DIRECT EXAMINATION ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 .� SPP No. 12-000138 Page Na.003041�-- Page 453 1 BY MR. HONG: 2 Q. Okay. Mr. Rowell, before we begin this morning, 3 there ' s a microphone in front of you and if you' ll use 4 that while you' re testifying, I would appreciate it. 5 A. I 'm sorry? 6 Q. If you would use the microphone when you testify, 7 I would appreciate it. 8 A. Okay. 9 Q. If you could just state your name for the record 10 and spell your name for us, please? 11 A. My name is Phillip Rowell . That ' s R-O-W-E-L-L. 12 I live in Kaneohe, Oahu. 13 Q. I 'd like to begin this morning by talking about 14 your educational and professional qualifications . Could 15 you tell us about your educational background, please . 16 A. I have a bachelors in civil engineering from 17 Clemson University. I have a masters in civil 18 engineering, specializing in traffic and transportation 19 from Clemson University, and that ' s in 1972 . 20 Q. In terms of your professional licenses, could you 21 tell us about that, please . 22 A. I 'm a licensed civil engineer in California and 23 Hawaii . 24 Q. When did you get your license in Hawaii? 25 A. 1989 . ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page N0.00304-9- Page 454 1 Q. And in terms of your professional experience as a 2 traffic engineer, could you tell us about that . 3 A. From 1972 to 1982, I was a senior associate with 4 Wilbur Smith Associates . I worked in South Carolina, 5 North Carolina, Nevada, California, Arizona, Hong Kong, 6 and Malaysia. 7 Q. And this is all as a traffic engineer? 8 A. Yes. 9 Q. Could you tell us about your professional 10 experience in Hawaii as a traffic engineer . 11 A. Actually, the traffic engineering really began in 12 1982 when I went to Kentucky. Also in 1982 -- from 1984, 13 I was a city traffic enginee-r for the City of Beverly 14 Hills . And then in 1984, I became a senior associate 15 with Barton-Aschment, and then in 1995 I started my own 16 business . 17 Q. And in terms of your professional experience in 18 Hawaii, would you talk about that . 19 A. I came to Hawaii in 1989, and since that time, 20 I ' ve done over 200 traffic impact studies ranging in size 21 from a four-unit condominium complex to Pi ' ilani 22 Promenade, which is a 700, 000 square foot piece of retail 23 in Maui . 24 I have current projects in Oahu, Maui, 25 Big Island, and Kauai . And I ' d like to point out, all ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 .,- SPP No. 12-000138 Page No.0030515-- Page 455 1 these projects done in the mainland and over here all 2 follow the same procedures, same methodology, and same 3 criteria. 4 Q. And same industry standards? 5 A. That ' s correct . 6 Q. In terms of any experience here in the County of 7 Hawaii in terms of projects, if you could just highlight 8 those for us, please. 9 A. The major projects have been the Hawaii Academy 10 of Arts and Sciences, Laloa Street extension, the 11 University of Hawaii West Hawaii Campus, the Captain Cook 12 Police Station, the Kaumana Business Park, Palamanui . I 13 worked on the Regency project on Kaumana Drive, and I 'm 14 currently working on the Saddle Road extension. 15 Q. And have you received any commissions or awards 16 in your professional capacity? 17 A. I 'm a life member of the ITE, and I also have a 18 Martin -- George -- 19 THE COURT REPORTER: I 'm sorry, could you repeat? 20 THE WITNESS : I 'm sorry? 21 BY MR. HONG: 22 Q. Could you repeat that, please? 23 A. George W. Martin Award of Excellence . 24 Q. And ITE stands for what? 25 A. The Institute of Transportation Engineers . ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page No.005051 Page 456 1 Q. Okay. In terms of your professional experience, 2 what qualifications and experience are necessary to 3 conduct and produce a credible, reliable TIAR? 4 A. In Hawaii, the TIAR has to be signed and usually 5 sealed by a professional engineer. Usually a civil, but 6 sometimes done by other dissidents . 7 Q. All right . In terms of the Regency project that 8 you talked about, Mr. Sidney Fuke is involved in that 9 project as one of the planners; is that right? 10 A. Correct . 11 Q. During the course of performing the TIAR for 12 Regency, did Mr. Fuke express any dissatisfaction with 13 your work? 14 A. No. 15 Q. What industry guidelines that are part of the 16 industry standard must be used in preparing a TIAR? 17 A. Primarily, the Highway Capacity Manual, which is 18 published by the Institute of Transportation Engineers . 19 We also have the Transportation Impact Analysis 20 Procedures -- 21 THE COURT REPORTER: I 'm sorry, sir. Could you 22 put the mike right by your mouth, please? 23 THE WITNESS : Okay. 24 THE COURT REPORTER: Can we make this a little 25 louder? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page Nu.68585t-: Page 457 1 MR. DARROW: Sure . 2 THE COURT REPORTER: Thank you. 3 THE WITNESS : Also used the manual, Uniform 4 Traffic Control Devices published by the Federal Highway 5 Administration. Trip Generation, and the Trip Generation 6 handled -- published by the Institute of Transportation 7 Engineers . 8 BY MR. HONG: 9 Q. Now, an individual name Melvin Yokota testified 10 before the Planning Commission and submitted reports 11 purportedly to be a traffic kind of a report . Have you 12 read the report submitted by Mr. Yokota to the Planning 13 Commission and the hearings officer? 14 A. Yes . 15 Q. What concerns do you have, if any, concerning the 16 credibility and reliability of Mr. Yokota ` s opinions? 17 A. First of all, he didn' t follow any of the 18 standard procedures and criteria guidelines that I cited 19 before. There ' s no traffic counts . None of the 20 statements were established by any calculations or data . 21 Q. And did his reports follow or use any of the 22 accepted guidelines that you rely upon in drafting and 23 submitting a TIAR? 24 A. Not that I could tell . 25 Q. Let ' s talk about the Connections project . When ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 w SPP No. 12-000138 Page NU.00305-a-- Page 458 1 were you first retained for the Connections project? 2 A. February, 2009 . 3 Q. And what did you do with respect to the project? 4 A. Prepare the TIAR. 5 Q. How did you define the study area and the related 6 projects for the TIAR? 7 A. I did a field reconnaissance of the area . I met 8 with the County Department of Public Works, traffic 9 engineer, to be specific, and I met with the State 10 Department of Transportation. 11 Q. Were any concerns expressed by any governmental 12 agency or were any concerns expressed by some of the 13 opponents of the school with respect to your TIAR report? 14 A. My discussions with the County was primarily on 15 what recommendations I would come up with. The State had 16 no interest because we were not having a connection to 17 any State highways . So that was the only input I had, 18 and there was no concerns . 19 Q. In terms of -- if any of the school opponents 20 expressed a concern about your TIAR report, what would 21 you have done? 22 A. We would have -- depending on the comment, of 23 course, we would have expanded the study area, primarily 24 as to the study intersections, and my real concern was 25 obtaining information on what I should use to determine ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page No.663654 Page 459 1 to come up with the background forecast . We got no input 2 at all . 3 Q. When you say you got no input at all, you mean 4 from the community. 5 A. I 'm sorry? 6 Q. You mean from the community you got no input? 7 A. I had no direct contact with the community. 8 Q. Okay. Let ' s talk about your TIAR. Explain what 9 you did to gather data for the TIAR. 10 A. First of all, I scent out and had -- well, first 11 of all, I do a recon and then collect traffic counts, 12 then make background traffic projections primarily from 13 the related projects that I 'm told about . Then I do my 14 little service analysis and complete the report . 15 Q. And you were following the guidelines of 16 professional or industry guidelines that you talked to us 17 about earlier? 18 A. Yes . 19 Q. Do you recall in any of the documents you 20 reviewed from community members like Mel Yokota, 21 Dr. Henry Lee Loy, or June Sakamoto, could you tell, 22 based on those reports, whether they followed any of the 23 guidelines or professional standards that you used in 24 your TIAR? 25 A. Not that 1 could tell . There were no citations ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page Nu.66511� Page 460 1 in the reports . 2 Q. In terms of your report after studying the area, 3 what did you find? 4 A. That --- primarily, that all traffic control 5 movements at the intersection of Edita and Kaumana 6 operated at level service A or B, point out that the 7 minimum acceptable standard for an urban area is level 8 service D. So pretty good operating conditions upon 9 completion of the project . 10 Q. You made some recommendations in your TIAR, 11 right? 12 A. Right . 13 Q. And could you describe those recommendations for 14 us, please? 15 A. First -- well, there were a number of 16 recommendations, but the primary ones relating to traffic 17 were that new surveys, new traffic counts should be 18 conducted at the completion of the final phase of the 19 project to confirm the generation assumptions at the 20 conclusions of the report and to determine if additional 21 mitigation would be required. 22 Two, the school should develop and implement a 23 traffic management plan and even -- and a third 24 recommendation is that even if -- with the acceptable 25 levels of service, I recommended that they put in a ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Paye N0.603650- Page 461 1 left-turn lane for traffic into the project to minimize 2 the impacts on through traffic along Edita . 3 Q. Let me interrupt for a second, and I apologize. 4 We ' re at the Planning Commission record at page 693 5 through 710 . 6 One of the criticisms that was brought up in 7 terms of your TIAR was that you conducted the test, your 8 study, on a non-school day. Was that true? 9 A. According to the public school calendar, schools 10 were in session that week except for Monday, which was a 11 holiday. But the Thursday that the counts were 12 conducted, the schools -- the public schools were in 13 session. 14 Q. And you checked that yourself? 15 A. Yes, I did. 16 Q. Could you describe the mitigating measures that 17 Connections will implement to reduce loss of service? 18 Excuse me, L-O-S, and what does that stand for again? 19 A. Level of service . 20 Q. Level of service, excuse me . 21 A. Repeat the question? 22 Q. My question was, could you describe the 23 mitigating measures that Connections will implement to 24 reduce the level of service? 25 A. You mean improve the level . ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page Nu.0050ff- Page 462 1 Q. Improve the level of service. 2 A. We' re already operating at level of service A or 3 B, which is the highest level of service there is . "A" 4 is the highest, "F" is the lowest . So we' re well-above 5 the minimum acceptable level of service without getting 6 improvements . The left--turn pocket that T recommended 7 for Edita Street doesn' t really change the level of 8 service . It just changes where it ' s at because the only 9 controlled movement would be the left turn into the 10 project . That will operate at level of service A or B, 11 whether we have a left-turn pocket or not. 12 So what we really did was to make a 13 recommendation that would minimize the impact of any 14 traffic at this intersection, only through traffic, which 15 would be to the residents of the community. 16 And I would like to add, we had a long--hard 17 discussion about that too, about reasons why we should do 18 that for the community. 19 Q. When you said you had a discussion, who were you 20 discussing it with? 21 A. With the client . 22 Q. In terms of some other criticism that has been 23 raised about the TTAR, one of the criticisms was that the 24 TIAR is outdated. How do you respond to that? 25 A. First of all, it ' s not outdated. Right now it is ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page Nu.06585t— Page 463 1 the most current document we have. If we go -- move 2 forward with this project to the State Land Use 3 Commission, it ' s been my experience that the Land Use 4 Commission will require an updated traffic study because 5 one, it ' s been four years since we did the traffic 6 counts; and, two, the list of the related projects that 7 we would use and the background forecasts needs to be 8 updated. 9 Q. And you had talked about four years going by 10 since you did the traffic count . Based on your 11 experience, is the length of time, in terms of the 12 project from the submission of the final EA to the 13 present, taken unusually long? 14 A. Yes . Usually, we finalize the report within six 15 months and move on to the Planning Commission hearing . 16 That did not happen in this case for a number of reasons . 17 Q. And would you feel that the delay in this case is 18 unique or not unique and, why? 19 A. It ' s not unique . I 've had some that ' s been 20 sitting in DOT for the last five or six years, but this 21 is unusually long . And it makes things difficult because 22 primarily, like I said, the list of related projects that 23 we use to develop background forecasts changes . And 24 that ' s why, typically, if the traffic counts and the data 25 collections are two-years old, the State Land Use ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page NU.6&h)59 Page 464 1 Commission will require us to update our traffic study. 2 Q. So you would agree that the TIAR should be 3 updated at some point . 4 A. Yes, and I recommended that . 5 MR. HONG: Thank you. I have nothing further. 6 THE HEARINGS OFFICER: Mr. Siu, any questions? 7 MR. SIU: I have none. 8 THE HEARINGS OFFICER: Ms . Self? 9 MS . SELF: No, thank you. 10 THE HEARINGS OFFICER: Mr. Gomes? 11 MR. COMES : Yes, Ma ' am. 12 THE HEARINGS OFFICER: Go ahead. 13 CROSS-EXAMINATION 14 BY MR. COMES : 15 Q. Mr. Rowell, you are a traffic engineer, correct? 16 A. Correct . 17 Q. Can you explain what that is to me, please? 18 A. A traffic engineer is one who prepares traffic 19 impact studies, can design traffic signals, design 20 roadway striping. I happen to specialize in preparing 21 traffic impact studies . 22 Q. And you do have a degree in engineering. 23 A. I have two. I have a masters and I have a 24 bachelors . 25 Q . what kind of engineering is that? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 F SPP No. 12-000138 Page No.06506e- Page 465 1 A. Civil . 2 Q. And your company is called Phillip Rowell 3 and Associates? 4 A. Yes . 5 Q. And how many associates do you have? 6 A. Right now I have none . I 'm a one-man operation, 7 but in the past I ' ve had two employees . 8 Q. And were they -- those employees helping you when 9 you did -- 10 A. I am the sole engineer for the company. 11 Q. Where do you live again? 12 A. Kaneohe. 13 Q. Can you please state the purpose and objective of 14 the traffic impact analysis study? 15 A. I 'm going to cite you what I wrote in the report. 16 -- I guess I won' t. Primarily to estimate traffic 17 characteristics of the project in terms of the peak hour 18 traffic, a .m. and p.m. In this particular case, we did a 19 midday also . To identify and discuss the traffic impacts 20 of the project in terms of changes in the volumes, 21 changes of levels of service at the study intersections, 22 and to identify and discuss the appropriate mitigation to 23 mitigate the impacts as a result of project-generated 24 traffic. 25 Q. And who hired you to do the traffic impact ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (8C8) 933-9800 ., SPP No. 12-000138 Page MU.003661 Page 466 1 analysis report? 2 A. Connections . 3 Q. So not Wil Chee Planning? 4 A. I worked with Wil Chee Planning, but, ultimately, 5 it was with Connections . 6 Q. As far as funding for the school goes, how much 7 do you charge for a project like this? 8 A. At the time this project was done, probably 9 anywhere -- anywhere from $12 to $16, 000 . 10 Q. And how long did it take for you to complete the 11 traffic impact analysis report? 12 A. We began in -- February was when my first -- 13 excuse me, February was my first correspondence with Wil 14 Chee, and we completed the report in June of 2010 . 15 Q. Did Wil Chee Planning pay you anything to do the 16 -- 17 A. Initially, yeah. 18 Q. How much did they pay you? 19 A. I don' t have that information. 20 Q. Roughly. 21 A. Give me a second. It looks like they paid me 22 around $14, 000 towards the $16, 000 for the project . The 23 remaining was paid by Connections . 24 Q. Okay, thank you. You were asked to do the study. 25 Was it six months before the traffic count was done or a ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 J SPP No. 12-000138 Page NU.005602-- Page 467 1 month before the traffic count was done? 2 A. As I recall, the traffic counts were done in May. 3 My first correspondence with Wil Chee what I got billed, 4 the site plan, you know, the site plan stuff, it seems 5 like I got those in February. So it would be three 6 months before I did the counts . 7 Q. And was that enough time for you to prepare and 8 plan? 9 A. Yes . 10 Q. Were you given a deadline to complete and turn in 11 the study? 12 A. I don ' t recall a deadline, no. Usually I work 13 with Wil Chee to fit into their schedule for doing the 14 EA. 15 Q. And you said earlier you've done over 200 other 16 traffic -- 17 A. TIARs? 18 Q. Correct . 19 A. Since 1989, yeah. 20 Q. That ' s throughout the nation, right? Not just in 21 Hawaii . 22 A. Sorry? 23 Q. That ' s throughout the nation, not just in Hawaii? 24 A. No, I ' ve only practiced in Hawaii since 1989. 25 Q. So those were all done in Hawaii? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Rage MV-005603- Page 468 1 A. Yeah. 2 Q. Okay. And how many other traffic TIARs have you 3 done for proposed schools? 4 A. On the Big Island I did Hawaii Academy of Arts 5 and Sciences, which is in Kona . I 've done WHEA, which is 6 on the Kona side. That was done a couple years ago. 7 Those are the schools -- and the Connections, of course, 8 2010 . Those are the major ones on the Big Island. 9 Q. So the traffic count was done in one day? 10 A. Yes, and that is standard. 11 Q. And that was Thursday, May 29, 2009? 12 A. I believe it was May 28th. 13 Q. And how was the day of the traffic count chosen? 14 A. The -- we don' t have any standards for Hawaii 15 County, but the State requires the traffic -- it doesn' t 16 require, but it suggests that we have all traffic counts 17 done either on a Tuesday or a Thursday. 18 Q. And why was that month selected? 19 A. Because we wanted to get the traffic counts 20 before school was -- took summer break. 21 Q. And are you familiar with the term, 22 back-to-school traffic? 23 A. Yeah. 24 Q. That implies that the traffic increases during 25 school time, right? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9600 SPP No. 12-000138 Page No.005064 Page 469 1 A. I 'm not quite sure what you mean by increases . 2 We have pretty specific guidelines with DOT that they 3 consider a Tuesday or a Thursday typical . And this would 4 not be a back-to-school because I think schools let out a 5 week or two after this . 6 Q. So the traffic count was done on a Thursday, 7 2009, and a traffic -- the TIAR was submitted in June of 8 2010, over a year since the count was done . Why did the 9 report take over one year to complete? 10 A. We submit the report, it goes out to various 11 agencies for review and comment . It ' s incorporated in 12 the EA and then goes out. Then we get comments back and 13 we revise the report accordingly. 14 Q. And were you -- were you aware that the spring 15 2009 term for both University of Hawaii at Hilo and 16 Hawaii Community College ended May 15, 2009, two weeks 17 before your traffic count was done? 18 A. Yes, but I don ' t think that would have any 19 bearing on the conclusions of the report . If the levels 20 of service were D and it was critical, then, yes, maybe, 21 but levels of service were A and B. 22 Q. And were you aware that the spring 2009 term for 23 Kamehameha Schools Hawaii campus ended May 22nd, one week 24 before your traffic count was done? 25 A. Yes . ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page Nu.883665 Page 470 1 Q. Are you aware that represents over 7, 000 students 2 who were not in school in Hilo on that day? 3 A. Yes, but doubt -- it would impact the traffic on 4 Kaumana Drive very slightly. 5 Q. You said earlier that you got no input from the 6 community. why do you think that is? 7 MR. HONG: Objection. Calls for speculation on 8 the part of the witness . 9 THE HEARINGS OFFICER: I 'm going to overrule it 10 and allow him to answer. 11 THE WITNESS : It' s not in my purview to meet with 12 the County -- excuse me, with the community. So I had no 13 community input and it ' s typical . we usually prepare a 14 report and submit it. we didn' t know -- my experience is 15 we had no input from the County or community to have a 16 report to look at. 17 BY MR. GOMES : 18 Q. But the TIAR that you did was part of the 19 environmental assessment. 20 A. Yes . 21 Q. And are you aware that Title 11, Chapter 200 of 22 the TIAR -- I mean of the Hawaii Advisement or 23 Administrative Rules, Subchapter 5, 11-200-9, Assessment 24 of Agency Actions and Applicant Actions, A(l) , it says, 25 "Seek, at the earliest practicable time, the advice and ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page No.005666 Page 471 1 input of the county agency responsible for implementing 2 the county general plan for each county in which the 3 proposed action is to occur, and consult with other 4 agencies having jurisdiction or expertise as well as 5 other citizen groups and individuals which the proposing 6 agency reasonably believes to be affected. " Have you 7 ever sought out? 8 A. I 'm sorry? 9 Q. Have you ever sought out? Like it says "Seek, at 10 the earliest practical time. " 11 MR. HONG: I 'm going to object because, again, in 12 terms of -- well, in terms of Mr. Rowell ' s testimony, he 13 was coordinating with Wil Chee & Associates, who ' s 14 handling the EA and the submission of the EA. So it ' s 15 not his responsibility to go out and seek that kind of 16 community contacts . 17 THE HEARINGS OFFICER: I understand the 18 objection. Since this is cross-examination, I 'm going to 19 overrule it . You can go ahead and answer it if you can. 20 THE WITNESS : What Mr. Hong said is correct . I 21 do not go out into the community and have community 22 meetings . It ' s not within my scope, but I do go to the 23 County and State to get their input. 24 BY MR. GOMES : 25 Q. So it ' s understandable that you did not receive ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 J SPP No. 12-000138 Page 472 1 community input . 2 A. I personally did not, no . 3 Q. But were you ever aware that this administrative 4 rule exists? 5 A. Yes . 6 Q. On Oahu where you live when school is out 7 especially during the summer, is there more traffic in 8 the morning than on a regular school day? 9 A. I do not do traffic counts when public schools 10 are recessed so I couldn' t answer that . 11 Q. Do you watch the traffic reports on the morning 12 news? 13 A. I 'm sorry? 14 Q. Do you watch the traffic reports on the morning 15 news on TV? 16 A. Sometimes . 17 Q. And have you ever heard the newscasters say that 18 since school is out for the summer you can expect more or 19 heavier traffic this morning? 20 MR. HONG: Excuse me . I 'm going to object to 21 this line of questioning as lack of foundation. It ' s not 22 relevant, and I think it ' s also duplicative because he ' s 23 already testified regarding what impact school being in 24 session in that Kaumana area had on his report . 25 THE HEARINGS OFFICER: I 'm going to sustain the ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 �.. SPP No. 12-000138 page No.683608 Page 473 1 objection. You have to be more specific and relate to 2 this project . 3 BY MR. DOMES : 4Q. Okay. On page 7 of the TIAR, background traffic 5 projections, what are the background traffic projections? 6 MR. HONG: I 'd just note for the record, that ' s 7 page 696 in the Planning Commission record. 8 THE WITNESS : There are three sets of traffic 9 numbers that I use in the report . They' re existing which 10 I do -- which I analyze to establish a base condition. 11 And then there ' s the background traffic conditions which 12 I defined as future traffic projections at some point in 13 the future . And the background traffic projections are 14 calculated by taking the existing traffic volumes, adding 15 the background growth rate and then adding any additional 16 traffic from any related projects that are identified. 17 The next step is to generate traffic by the 18 proposed project. Then you add that to your 19 background, and that becomes your background-plus 20 project . And you compare the background in the 21 background-plus project, and that quantifies the impact 22 of your project . 23 Q. Thank you. In your report you state that the 24 background growth was based on reconnaissance of the 25 study area and information provided by Wil Chee Planning. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page Ma.003069 Page 474 1 It was concluded that the future growth along Kaumana 2 Drive is expected to be minimal . Did you do the 3 reconnaissance of the study area or did Wil Chee Planning 4 do this reconnaissance? 5 A. I did it, and I looked at growth and traffic 6 along Kaumana Drive based on some historical traffic 7 counts like I noted earlier. I did the Kaumana Business 8 Park so I look at what the growth is along Kaumana. It 9 was actually minimal, zero, but that ' s hard to sell to 10 reviewers so I added a one percent growth rate . 11 Q. And how is the reconnaissance done? Where do you 12 get your information from? 13 A. A number of sources . Traffic counts that I ' ve 14 done in the area, there ' s also traffic counts at that 15 time done by the State on Kaumana because at one time 16 they have historical data on that . If you look at that, 17 that also tells you what time to do your counts . 18 Q. What kind of information did Wil Chee Planning 19 provide to you about the background growth? 20 A. They didn' t provide any of that . They provided 21 me with the site development plans . 22 Q. Did you or Wil Chee Planning come to the 23 conclusion that the future traffic growth along Kaumana 24 Drive is expected to be minimal? 25 A. I came to that conclusion . ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 ... SPP No. 12-000138 Page No.665070 Page 475 1 Q. Did you or Wil Chee Planning know or have 2 information about the Hawaiian Homes Commission 3 subdivision in Kaumana? 9 A. No. Actually, that ' s for myself . I can' t speak 5 for Wil Chee. 6 Q. Did you or Wil Chee -- oh, okay. So did you know 7 or have any information about William Brilhante ' s 12-lot 8 subdivision on Mele Manu Street? 9 A. Like I stated earlier, nobody told me anything 10 about any development projects in that area . And it ' s -- 11 that ' s typical until they get a draft report . 12 Q. Who would have to tell you about a development 13 project? Are people supposed to seek you out and let you 19 know that they' re doing a development? 15 A. Usually when I go into an area, I find out on my 16 own by asking a lot of questions to the County and/or 17 the State . And then in some cases I contact the 18 developers to see what ' s going on in the area. In this 19 particular case, I got zero. 20 Q. Do you believe if you had asked the residents 21 that they would have known about the development in the 22 area? 23 A. Probably, but even then, I would have to filter 29 those requests to see which developments are going to 25 happen before our design year. If they' re going to ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (8 08 ) 933-9800 SPP No. 12-000138 Page, No.005071 Page 476 1 happen after our design year, they' re not included in the 2 forecasts. 3 Q. And so did you know or have any information about 4 William Brilhante ' s planned 45-lot subdivision which is 5 adjacent to the proposed Connections Charter School at 6 the end of -- 7 A. Nobody noted it . 8 Q. Did you know or have any information about the 9 39-lot Punahou Mauka Estates subdivision? 10 A. No. 11 Q. Did you know or have any information about the 12 83-lot Kumulani Gardens subdivision? 13 A. When was that proposed? 14 Q. That ' s part of the subdivision that ' s going up on 15 --- 16 A. I 'm asking when because if it was after two 17 thousand -- June 2010, obviously, I didn' t know anything 18 about it . 19 Q. I don' t know when it was . 20 A. I 'm sorry? 21 Q. I don' t know when it came up. 22 A. Well, that applies to all of those projects . If 23 they came or were proposed after 2010 or 2009 when we did 24 the data collection, they' re obviously not included. 25 Q. And did you know about the proposed 26-lot ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 �..� SPP No. 12-000138 page MV-003072— Page 477 1 subdivision, Punahoa lst and Ponahawaii, near the 2 intersection of Kaumana Drive and Mohouli? 3 A. Same question. When was that proposed? 4 Q. Fair enough. So your answer ' s "no. " 5 A. No. 6 Q. And did you have any information about the 100 7 bed skilled-nursing facility called Regency Hilo Nursing 8 at 516 Kaumana? 9 A. I can answer that one. That one came up in 2012, 10 and that was three years after our data collection 11 because I did the traffic study. 12 Q. That ' s "no" also. 13 A. At the time the study was done, that is correct . 14 Q. And did you have any information about the 15 Mohouli Senior Housing project on Mohouli Street 16 extension? 17 A. When was that one proposed? 18 Q. I don' t know. Just answer "yes" or "no. " 19 A. I guess it was after 2009 or I would have heard 20 about it . 21 Q. So "no" then. 22 A. Yes . 23 Q. The police department recommended sidewalks on 24 Edita Street . Why didn' t you recommend sidewalks in the 25 TIAR? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Paye Na.06307-a- Page 478 1 A. My understanding at the time of the report that 2 we wanted all pedestrians to enter the project . we 3 didn ' t want pedestrians walking along the roadway. 4 Sidewalks would only encourage that . 5 Q. Is it correct in order to determine that the 6 study area should include the intersection of Kaumana 7 Drive and Edita Street and the project driveway along 8 Edita Street, you reviewed the studies for other projects 9 in the area? 10 A. I don' t understand that . 11 Q. Let me read it. Is it correct that in order to 12 determine that the study area should include the 13 intersection of Kaumana Drive and Edita Street and the 14 project driveway along Edita Street, you reviewed other 15 studies? 16 A. No. There were some criteria published by the 17 Institute of Transportation Engineers which I used to 18 define the study area . 19 Q. And what were the other projects in the area that 20 you studied? 21 A. Prior to this project, I did the Kaumana Business 22 Park. And since the study, I have done the Regency. In 23 the immediate area, that' s the only two projects . 24 Q. And what area did you review? Kaumana area, Hilo 25 area, Puna area? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No.0886:74 Page 479 1 A. No, because of the amount of traffic this 2 generates, it is considered a small traffic impact study, 3 small development, and that defines the study area. The 4 previous traffic studies that I ' ve done in the area went 5 up to Kaumana Drive and the access to the project, and 6 all those studies have been approved. 7 Q. Did your TIAR conclude that future traffic growth 8 along Kaumana Drive was expected to be minimal? 9 A. Yes . 10 Q . And how did you do your manual traffic count on 11 Thursday, May 28th? 12 A. I 'm sorry? 13 Q. How did you do your manual traffic count? 14 A. A person sits in the car and counts the amount of 15 traffic making each movement, summarized in 15-minute 16 increments, and then you use that to define the peak 17 hour. 18 In this particular case, we did a two-hour period 19 in the morning, a two-hour period in the afternoon, 20 4 : 00 to 6: 00, and we did another midday because we were 21 going to have midday pickups at this project . So we did 22 three periods, which is unusual . We normally do two. 23 Q . Did you do the count or did you hire someone to 24 do -- 25 A. I have a subcontractor that does my counts . ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page Page 480 1 Q. And what kind of qualifications do they need to 2 count cars? 3 A. You need traffic counters and some people . 4 Q. Okay. Was it raining or was it a sunny day in 5 Kaumana? 6 A. I don ' t know. 7 Q. Does your TIAR take into account slower traffic 8 times when it rains? 9 A. I 'm sorry? 10 Q. Does your TIAR take into account slower traffic 11 times when it rains? 12 A. No. We try to make sure that it ' s clear so it 23 should be typical traffic conditions. 14 Q. Why did you do the manual traffic count only on is one day? 16 A. That is standard procedure. 17 Q. What is the difference between existing traffic 18 volumes and manual traffic counts? 19 A. They should be the same . 20 Q. What is the definition of existing traffic 21 volume? 22 A. Counts that we go out there and determine. 23 They' re actual counts . 24 Q. But -- so existing -- when you count, existing 25 traffic volumes can be done in one day? 77777-- ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP NO. 12-000138 Page Nu,085&7&- Page 481 1 A. Yeah. 2 Q. And that would be the same for every day? 3 A. There may be some variation, and certainly over 4 time it would change, but that ' s just the way it ' s done . 5 Q. Were any of the projects that I mentioned earlier 6 too minimal to be mentioned in the TIAR? 7 A. It ' s not a matter of size, it 's when. To the 8 best of my knowledge, all those projects have come 9 forward since we did our data collection. 10 Q. Did you estimate the future background traffic 11 growth between 2009 and 2022? Do you use an average 12 growth rate of one percent per year? Is that correct? 13 A. Actually, my counts show a slight decrease in 14 traffic. If I compare the 2009 counts with 2012 counts 15 that I did for Regency, there ' s about a 15 to 20 percent 15 decrease in peak hour traffic. And I added one percent 17 so I think I ' ve been more conservative in my forecast 18 than need be. 19 Q. How did you arrive at that average growth rate? 20 A. Actually, because if I had used the data, it 21 would have been a negative . The one percent, at least, 22 would have a positive growth. 23 Q. And what is the growth factor? How is it 24 calculated? 25 A. Growth factor takes the future and compares it to ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page Nv.663&7-7-- Page 482 1 existing or say 2020, 2015 traffic compares it to an 2 earlier job and you calculate an average annual growth 3 rate using a compound interest formula. 4 Q. And when you do the traffic count, you' re just 5 counting cars . You' re not checking speed or the way 6 people drive . 7 A. Typically, we count cars and pedestrians . 8 Q. Since you did not mention any of the projects I 9 asked you about in the TIAR, could the average annual 10 growth rate have been higher than you calculated? 11 A. No. Because the traffic generated by those 12 projects is a separate number added on top of the growth 13 rate. In a lot of cases, the growth rate is simply to 14 consider in your calculation traffic generated by small 15 projects that don' t do a traffic study. And if I follow 16 procedures published by the ITE, I 'm supposed to use one 17 or the other. In this case I used both, which means my 18 numbers are very, very conservative . 19 Q. Is it correct that your report assumes that there 20 would be no traffic growth of traffic along Edita Street? 21 A. If you recon' the area, Edita Street is pretty 22 well-developed. There would not be any additional 23 traffic generated along Edita. 24 Q. Would Mr. Brilhante 's adjacent 45-lot subdivision 25 increase traffic along Edita Street? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (8 08 ) 933-9800 ...,� as..✓ SPP No. 12-000138 Page Na.6030?t- Page 483 1 A. Probably. 2 Q. And so you did not apply the background growth 3 factor through traffic along Edita Street because you 4 didn' t know about the project. 5 A. Like I said, it had to come on line after we did 6 our data collection and did our study. So no, it ' s not 7 in the projections . 8 Q. And you did not overlook Mr . Brilhante ' s 45-lot 9 subdivision. 10 A. As I 've said several times, that project came on 11 line after we did our data collection. 12 Q. Is it correct that your TIAR stated the second 13 component in estimating future background traffic volume 14 is traffic resulting from other proposed projects in the 15 vicinity? 16 A. That ' s in the report, but no projects were 17 identified. 18 Q. Is it correct that related projects are defined 19 as projects that are likely to be constructed adjacent to 20 the study project; in this case, adjacent to the proposed 21 school? 22 A. Say that one more time? 23 Q. Is it correct that related projects are defined 24 as projects that are likely to be constructed adjacent to 25 the study project; in this case, adjacent to the proposed ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page Nu.063071-- Page 484 1 school? 2 A. But no projects were identified as likely to be 3 constructed in 2009 . 4 Q. But is it correct? 5 A. That is in the report, but no projects had been 6 identified. 7 Q. So your answer is "yes . " 8 A. I 'm sorry? 9 Q. You answer is "yes"? 10 A. Yes . 11 Q. And is it correct that your TIAR reported no 12 related projects? 13 A. That is correct . 14 Q. Are you aware now of Mr . Brilhante ' s 45-lot 15 subdivision? 16 A. Yes . 17 Q. So you were not aware that Mr. Brilhante ' s 18 subdivision was tentatively approved by the Planning 19 Department in 1998? 20 A. No, but that does not mean it ' s likely to be 21 built within our design period. 22 Q. And were you aware that Mr. Brilhante ' s 12-lot 23 subdivision is already completed on Mele Manu Street and 24 lots have been on sale for over one year? 25 A. No. Again, I keep saying this . You got to go ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page 485 1 back to 2009 when we did our data collection. And if 2 this information is not available then or is not 3 available, then, obviously, it ' s not in the report. 4 Q. Could these projects affect future traffic? 5 A. They would affect future background traffic. It 6 would probably, 90 percent sure, it would not change the 7 conclusions of the report because you' re comparing 8 whatever the background is to what the increase is of 9 this project. So if the background increases, you add 10 more . You may get some deterioration and delays, but it 11 will not change the conclusions of the report. 12 Q. Okay. When you did the analysis to determine 13 project trip generation, you identified six phases . 14 Could you please identify these phases, the anticipated 15 impact dates and findings of impacts? 16 A. I didn' t do an impact for each. I did not do an 17 impact analysis for each separate phase . The analysis 18 was designed to be able to do that. We ' ll start with a 19 completed project and then if the completed project 20 results in acceptable levels of service and no 21 mitigation, then there ' s no point to go back and find out 22 whether that mitigation is acquired. 23 So it would not change -- if I had done an impact 24 analysis as to each phase, it would not change the 25 conclusions of this report . ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page Nu.603081 Page 486 1 Q. So since we' re not 2014, the phasing schedule has 2 understandably changed. Do you know whether the specific 3 phases have been changed; and if so, what are their 4 current timetables? 5 A. My understanding is that there' s been some 6 changes in the phasing; but, again, I don' t know what 7 those are. 8 Q. Are you aware that the applicant has represented 9 that at least 50 percent of the student population will 10 come from Puna district and did you take that into 11 account? 12 A. I am aware of that since I did the study, but it 13 would not -- again, affect the conclusion because we' re 14 only looking at the main entrance at Edita. 15 Q. Your study included only the intersections of 16 Kaumana Drive and Edita Street and the proposed 17 intersection between the school ' s entrance and Edita 18 Street . Are you aware of other intersections along 19 Kaumana Drive that are approximate to this area such as 20 Chong Street, Hokulani Street and Kaumana Terrace . Given 21 the projected student population coming from the outside 22 area, why were these intersection not studied? 23 A. We limited our study area to Edita because that 24 was the information we got from input from the County and 25 from the State . There ' s also some guidelines in ITE ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page NU.685882 Page 487 1 about the limits of your study area . And, typically, any 2 major intersection outside of a half mile would not be 3 included. 4 Q. Is one purpose of the TIAR to help decision 5 makers understand the traffic impact of a project? 6 A. Yes . 7 Q. Given the change in phasing that it has been more 8 than four years since the TIAR was done, the knowledge of 9 other planned subdivisions resulting in 50-plus more lots 10 using Edita Street, the source Puna district of student 11 population and the traffic impact to other intersections 12 along Kaumana Drive and the purpose of the TIAR which is 13 to help decision makers, that it would be prudent for 14 decision makers to have the most up-to-date analysis? 15 MR. HONG: Excuse me, I 'm going to object as 16 lacking foundation, vague and ambiguous, and it ' s 17 argumentative. 18 THE HEARINGS OFFICER: I 'm going to overrule it . 19 If you can answer the question, go ahead. 20 THE WITNESS : If I understand the question. Yes, 21 it would help the decision makers, but the decision 22 makers are supposed to be for a traffic study, familiar 23 with the methodology of a traffic impact study. Nothing 24 you' ve given me here would make me change the conclusions 25 of the study. It may change the data, it may change the ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (BOB) 933-9800 SPP No. 12-000138 Page NU-603063 Page 488 1 final numbers, it may change the delays, but it would not 2 change the conclusions. And I think a traffic engineer 3 transportation planner reviewing this report would 4 realize that the traffic study was done in 2009, would 5 realize that the conclusions are not going to change, and 6 that at some point, yes, the traffic study should be 7 updated. And I think the appropriate and most likely 8 place where that will occur is the State Land Use 9 Commission will require an updated traffic study because 10 of the time we did the study; and, thus, that simple. 11 By MR. GOMES : 12 Q. In terms of traffic impact, the report used the 13 concept of levels of service as put forth by the 14 Institute of Transportation Engineers, and that there are 15 six levels of service ranging from A through F with "A" 16 being optimal and "F" being worse; is that correct? 17 A. Correct. 18 Q. Further, your report identified LOS as a 19 qualitative measure of effect of a number of factors 20 which includes space, speed, travel time, traffic 21 interruptions, freedom to maneuver, safety, driving 22 comfort and convenience . In other words, they deal with 23 safety and inconvenience. 24 A. Correct . 25 Q. For example, even if the LOS changes from A to B, ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page Nu.005084- Page 489 1 it does not measure quality of life factors such as 2 social or human effect of 100 percent -- 150 percent 3 increase in wait time from 5 seconds to 15 seconds; 4 correct? 5 A. It is my understanding that all of those things 6 that you noted are included in level of service . If I 'm 7 operating at level service A, everything is good, very 8 little delay. And the increase in traffic, to me, is 9 secondary. A change in level of service is what I look 10 for. If I 've got 15 cars and I increase to 30, that ' s a 11 100 percent increase, but 30 cars along a road is not a 12 very big increase. 13 If, by the same token, I can have 500 cars on 14 a roadway and I can add, you know, 50, that ' s only a 15 10 percent increase, but it may change the level of 16 service from C to D, in which I have a problem. 17 So, the real numbers don ' t mean anything -- 18 they' ll factor into the level of service, but I think you 19 have to put it in the context of what that beginning 20 number is . 21 Q. Are you familiar with the term, "quality of 22 life"? 23 A. Yes, I am. 24 Q. And what does that mean to you? 25 A. It means I 'm not looking at this particular ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 page NV.0658ftr- Page 490 1 case, I 'm not looking at a long line of traffic trying to 2 turn left. I 'm still not -- still do not have volumes 3 that provide a cue that are belching smoke and so forth. 4 It' s just not happening here. 5 Q. Under the preferred alternative scenario, the 6 project ' s traffic generation on Kaumana Drive and Edita 7 Street intersection during a .m. peak, 7 a .m. to 8 a .m. 8 is projected at 187, correct? 9 A. Correct . 10 Q. Your Attachment G discusses the ambient or 11 existing traffic conditions, correct? 12 A. I 'm sorry? 13 Q. Your Attachment G discusses the ambient or 14 existing traffic conditions, correct? 15 A. Yes . 16 Q. Along Kaumana Drive at the Edita Street 17 intersection, there were 102 mauka-bound and 219 makai- 18 bound traffic movements, for a total of 321, correct? 19 A. Where are you at? You' re looking at Attachment 20 G, right? 21 MR. HONG: And I ' d just note for the record, 22 that ' s page 703 . 23 THE WITNESS : I can' t see the small numbers . 24 THE HEARINGS OFFICER: Wait, excuse me . 25 Mr. Gomes, can you please start referring to the record ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 ., SPP No. 12-000138 Page No.06308e- Page 491 1 if you' re going to ask the witness about certain 2 questions . 3 MR. GOMES: Okay. 4 THE WITNESS : Where are you now? 5 BY MR. GOMES : 6 Q. I did not write down the exact page I got those 7 numbers from. 8 A. Just repeat the comment about the volumes . 9 Q. Along Kaumana Drive, 102 mauka-bound and 219 10 makai-bound traffic movements for a total of 321 11 movements . 12 A. Okay. 13 Q. So with the projected 187 movements generated by 14 the project and if nothing ever happens, that would be a 15 total of 508 for a 50 percent increase over the year? 16 A. Well, keep in mind that your volumes that are 17 generated you have inbound and you have outbound. So 18 that brings that number down. Then you have -- you 19 distribute those trips, distribute the inbound and 20 outbound separately, so you' re not going to see 800 trips 21 by an increase there. 22 Q. And at the Edita Street-Kaumana Drive 23 intersection, the same Attachment G notes that there are 24 13 inbound and 49 outbound movements for a total of 62 25 movements during the a .m, peak, correct? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page No.0036ft-f— Page 492 1 A. Say that again? 2 Q. The Attachment G notes that there are 13 inbound 3 and 49 outbound movements for a total of 62 movements 4 during the a.m. peak, correct? 5 A. I don' t see that . I don' t see 13 trips anywhere 6 on here . 7 Q. What do you show for inbound and outbound 8 movements during the a.m, peak? 9 A. Inbound, a.m. , total of 108 out of a total of 79. 10 Those assignments are shown on the Attachments I through 11 -- maybe I 'm looking at the wrong attachment . If I 12 follow you, you' re looking at Attachment G which is 13 existing, right? 14 Q. Yes . 15 A. Okay, that ' s not used in the impact analysis . 16 What is used is Attachment H, which is the 2022 17 background. And then if you go through Attachments I, J, 18 K, and L, you add that traffic and you come up to 19 Attachment M, which is background plus project . And 20 that ' s -- Attachment M is the one where you want to look 21 at the analysis and see what the impact is on completion 22 of the project . 23 MR. HONG: Just to interject, Attachment M as in 24 Mary, is at page 706. 25 THE HEARINGS OFFICER: Thank you, Mr. Hong. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 ;y SPP No. 12-000138 Page Nv.003088-- Page 493 1 Mr. Gomes, do you have more questions? 2 MR. GOMES : Yes, Ma' am. 3 BY MR. GOMES : 4 Q. What is the traffic management plan that you 5 recommended? 6 A. In this particular case, the school would 7 primarily do two or three things . First of all, they 8 would try to match up students, I guess is the right 9 word, for carpooling, vanpools, whatever, which would 10 reduce the amount of traffic the project would generate. 11 I didn' t take a discount in that because you don' t know 12 how effective that ' s going to be. But, obviously, 13 there ' s going to be some form of carpooling, even if it ' s 14 one family that have two students here. It 's only going 15 to reduce the traffic. 16 Two, is to come up with a plan that would make 17 sure that traffic did not backup from the drop-off or 18 pick-up areas on to Edita Street . In some cases that may 19 mean you have one drop-off area you stage to -- drop-off 20 area if you' ve got too many students . You have someone 21 outside monitoring the traffic that will make sure that 22 doesn' t happen, and if it does happen, it will take the 23 appropriate measures . 24 That plan would probably be developed -- school, 25 me, and probably a representative of the County, probably ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page No.063aft- Page 494 1 Ron Theil . And they would put together this plan and it 2 would be a written document . And that ' s how you would 3 manage the traffic. 4 If problems are observed, then I would follow my 5 recommendation I noted earlier where we ' d go out there 6 and do new counts and find out what other additional 7 mitigation we needed to do. 8 Q. This hasn' t been done yet or suggested. 9 A. No. It is typically done af ' -- you know, when 10 the school is getting ready to open and they have firm 11 numbers on the student population. 12 Q. And is there any guaranty that a traffic 13 management plan will be implemented? 14 A. It is my understanding that it is a 15 recommendation of the County, and it will probably be a 16 recommendation of the State Land Use Commission, so they 17 would have to do it. 18 Q. And it can be adjusted over time, right, to find 19 out -- 20 A. It should be adjusted annually. 21 MR. GOMES : Okay, I 'm done . No further 22 questions . Thank you very much. 23 THE HEARINGS OFFICER: Mr. Hong, do you have any 24 redirect? 25 MR. HONG: Yes, briefly. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page P40.605090- Page 495 1 REDIRECT EXAMINATION 2 BY MR. HONG: 3 Q. In terms of the statistics, the study area, your 4 constant -- you put, for example, on page 696 of the 5 record where you talked about -- I can barely see it 6 myself in terms of the print . The background -- yeah, 7 existing background and proposed -- those are all based 8 on the ITE guidelines and standards; is that correct? 9 A. Yes . 10 Q. And if you could turn to the other volume of 11 documents that you have, I 'm looking at page 1229. 12 In terms of the Planning Commission -- excuse me, the 13 Planning Department conditions or revised conditions at 14 page 1229, if you look at paragraph 11, that ' s one of the 15 conditions that the County or the Planning Director has 16 set forth in terms of approving the permit . 17 A. That ' s right. 18 Q. And that includes that traffic management plan. 19 A. That ' s right, yes . 20 MR. HONG: Thank you, nothing further. 21 THE HEARINGS OFFICER: Mr. Siu. 22 MR. SIU: I have nothing. 23 THE HEARINGS OFFICER: Ms . Self. 24 MS. SELF: Nothing. 25 THE HEARINGS OFFICER: Thank you very much, ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page Nri.easftt- Page 496 1 Mr. Rowell . You' re excused as a witness . 2 What I 'm going to do, we ' ve been going for almost 3 an hour and a quarter. I 'm going to give our court 4 reporter a break so we ' ll take a ten-minute recess and 5 then it ' s my understanding that Mr. Kanuha is available 6 to testify. 7 Mr. Hong, do you have any objection to Mr. Kanuha 8 testifying after the break? 9 MR. HONG: No, no objection. Thank you. 10 THE HEARINGS OFFICER: Mr . Gomes, do you have any 11 objection? 12 MR. DOMES : No objection. 13 THE HEARINGS OFFICER: Then we' ll start with 14 after the break, we ' ll start with Mr. Kanuha. Thank you. 15 (Recessed at 10 : 16 a.m. & reconvened at 10 : 28 a .m. ) 16 THE HEARINGS OFFICER: Mr. Gomes, are you ready 17 to proceed? Let ' s start up again. 18 We ' re back on the record and I will note the 19 presence of all the parties . It ' s my understanding that 20 we ' re going to be calling Mr. Kanuha out of order; is 21 that correct, Ms . Self? 22 MS . SELF: That ' s correct. 23 THE HEARINGS OFFICER: And none of the other 24 parties object. 25 MR. HONG: No, thank you. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page NU-085092— Page 497 1 MR. SIU: No objection. 2 THE HEARINGS OFFICER: Okay, go ahead, Ms . Self. 3 MS . SELF: Good morning, Mr. Kanuha. 4 THE WITNESS : Good morning. 5 THE HEARINGS OFFICER: He has to be sworn in. 6 MS . SELF: Oh, sorry. 7 THE HEARINGS OFFICER: Would you please stand and 8 raise your right hand. 9 DUANE KANUHA 10 called as a witness on behalf of the Planning Director, 11 having been first duly sworn, was examined and testified 12 as follows : 13 DIRECT EXAMINATION 14 BY MS. SELF: 15 Q. Mr. Kanuha, during your testimony back in 16 October, you were asked about your experience in planning 17 and your background in planning. And was there some 18 experience that you failed to mention? 19 A. Yes, I did. 20 Q. And what is that? 21 A. In reciting my professional experience, I 22 neglected to state for the record that I was a member of 23 the State Land Use Commission from 2005 until 2011, and I 24 also served as vice chair and chair for that commission 25 during that time. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No.00309,3— Page 498 1 Q. Okay. And also you were asked whether a school 2 would be a permitted use in a residential district . Do 3 you recall answering that question? 4 A. Yes, I believe in response to a question from the 5 hearings officer, I stated that a school was a permitted 6 use in a residential district . And I think I needed to 7 clarify that, that it ' s a permitted use provided that a 8 use permit is also secured. 9 MS . SELF: Okay, thank you. I have no other 10 questions . 11 THE HEARINGS OFFICER: Mr. Hong? 12 MR. HONG: I have a couple of questions . 13 CROSS-EXAMINATION 14 BY MR. HONG: 15 Q. Mr. Kanuha, based on your experience at the State 16 Land Use Commission, did you encounter any State use -- 17 State land use boundary amendment kind of applications? 18 A. Yes . 19 Q. And as -- in your capacity as planning director 20 and based on your training and experience, is a State use 21 land -- a State land use boundary amendment required in 22 this particular case? 23 A. Not necessarily required, no -- 24 Q. Thank you. 25 A. -- in my opinion, ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 vws- SPP No. 12-000138 Page No.00S694 Page 499 1 Q. I 'm sorry, you were saying? 2 A. In my opinion, it ' s not necessarily required. 3 MR. HONG: Thank you. 4 THE HEARINGS OFFICER: Mr. Siu. 5 MR. SIU: I have no questions . 6 THE HEARINGS OFFICER: Mr . Gomes . 7 MR. GOMES : No questions . 8 EXAMINATION 9 BY THE HEARINGS OFFICER: 10 Q. Mr. Kanuha, you say a State land use boundary 11 amendment is not required. why? 12 A. There -- it' s not a required action for schools, 13 for example, although it could be . I think the way I 14 answered the question is that it ' s not mandated that if 15 you are proposing a school, that a State land use 16 boundary amendment is required. 17 We' ve had -- I 'm familiar with several petitions 18 that involved schools in other counties and they were all 19 through special permits . 20 THE HEARINGS OFFICER: Thank you. Do any of the 21 --- Mr. Hong, do you have any questions based on my 22 questions? 23 MR. HONG: No. 24 THE HEARINGS OFFICER: Mr. Siu? 25 MR. SIU: I have none . ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Flage Page 500 1 THE HEARINGS OFFICER: Ms . Self? 2 MS . SELF: No. 3 THE HEARINGS OFFICER: And Mr . Gomes. 4 MR. COMES : No questions . 5 THE HEARINGS OFFICER: Thank you very much, 6 Mr. Kanuha . You' re excused. 7 Mr. Hong, your next witness . 8 MR. HONG: Our next witness would have been Bobby 9 Jean Leithead-Todd, but I understand that she' s in 10 transit to come down here so we ' d like to call -- we 11 issued a subpoena earlier for the custodian of records 12 for the Planning Department so we might as well take that 13 witnesses now. 14 DARYN ARAI 15 called as a witness by the Applicant, having been first 16 duly sworn, was examined and testified as follows : 17 DIRECT EXAMINATION 18 BY MR. HONG: 19 Q. Sir, would you state your name for the record and 20 your position with the Planning Department . 21 A. My name is Daryn Arai . I 'm with the Hawaii 22 County Planning Department as one of its planning program 23 managers. 24 Q. And was the Planning Department served with a 25 subpoena and subpoena duces tecum to produce documents in ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Paye Page 501 I this particular case? 2 A. Yes, it was . 3 Q. And are you the custodian of records in terms of 4 responding to that particular subpoena? 5 A. Yes, I am. 6 Q. And the records you produced today are kept in 7 the ordinary course of business in the Planning 8 Department? 9 A. Yes, it is . 10 Q. And also are these records that you' re going to 11 produce today fair and accurate copies? 12 A. Yes, they are. 13 Q. And in terms of the records you' ve produced, 14 you' ve brought with you the entire file with respect to is the Kamehameha Schools up in Keaau, that development; is 16 that correct? 17 A. That is correct . 18 Q. We ' ve identified four particular documents from 19 that file that we 'd like actually produced and certified 20 that these are true and accurate correct documents . Have 21 you done that? 22 A. Yes, I have . I just need to possibly clarify 23 what you mean by produced. 24 Q. When I say, "produced, " I mean you' re bringing 25 with you or submitting to the hearings officer four ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page No.06389:F- Page 502 1 documents that are fair and accurate copies of the 2 original file regarding Kamehameha Schools, Keaau. 3 A. Okay, that ' s what I meant when I said to clarify. 4 I did not bring copies to provide to the hearing officer 5 because I was just subpoenaed to bring the files, 6 original files with me . 7 Q. Oh, okay. 8 MR. HONG: In lieu of submitting the entire 9 original file, Madam Hearings Officer, we' re actually 10 looking at only four particular documents within the 11 file . 12 THE HEARINGS OFFICER: Mr. Hong, if you can have 13 Mr. Arai identify the four documents and the Planning 14 Department can provide copies of those documents, that 15 can be put on the record. 16 MR. HONG: All right. 17 Q. (By Mr . Hong) So Mr. Arai, the first document 18 that I 'd like to introduce or have the Department produce 19 from the original file would be a December 6, 1999 letter 20 from the State Land Use Commission to Ms . Virginia 21 Goldstein, Director, Planning Department . It is a 22 two-page letter from Esther Ueda, U-E-D-A. 23 The second document is a January 7, 2000 letter 24 from PBR Hawaii to Ms . Esther Ueda. 25 The third document is the State land use ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 �.. = SPP No. 12-000138 Page NU.665&,W- Page 503 1 designation map, a portion concerning the Kamehameha 2 Schools development in Keaau. 3 And the fourth document is a County of Hawaii 4 zoning map of the area of the Kamehameha Schools 5 development . 6 And are those four documents in your -- in the 7 original file? 8 A. Two of the documents, the December 6, ' 99 letter 9 from LUC to Virginia Goldstein is in my possession. 10 The January 7, 2000 PBR letter to Esther Ueda is 11 also in my possession. And those two items are actually 12 a part of the record maintained by the Planning 13 Department . 14 Regarding the State land use boundary map and the 15 zoning map, those are productions using data that we have 16 on hand at the Planning Department. It ' s not necessarily 17 an official part of the record that I brought with me, 18 but I do have that information and I do have copies 19 available for the parties, if necessary. 20 Q. And those two maps, are those two maps kept in 21 the ordinary course of business within the Hawaii County 22 Planning Department? 23 A. Yes, they are, as digital information. 24 Q. Mr. Jeff Darrow had distributed two maps earlier 25 to us . Are these fair and accurate copies of the maps ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page Na.863"t- Page 504 I that you keep within the Hawaii County Planning 2 Department? 3 A. They' re accurate copies of the digital 4 information that we maintain at the Planning Department . 5 Q. And, again, these two documents are -- the two 6 maps are from the State land use designation map and the 7 Hawaii County zoning map, right? 8 A. That ' s correct . 9 Q. If you could provide the hearings officer with 10 copies of those documents and we ' ll make arrangements to 11 make copies for Mr. Gomes and opposing counsel . 12 THE HEARINGS OFFICER: Mr. Hong, I think you' re 13 going to have to mark these for identification as 14 exhibits and we have to admit these into evidence . I 15 believe the digital maps Mr. Arai provided to all, all of 16 the copies, so you can mark those for identification now 17 and ask that they be admitted into evidence now. 18 MR. HONG: All right . So what I 'd like to do is 19 the State have the State land use boundary map 20 designated as -- I think it ' s our Exhibit 22 which is 21 next in order. 22 MR. COMES : Is that the shiny one or the dull 23 one? 24 MR. HONG: That ' s the one that ' s pink and green, 25 a light green with a dark black. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page No.865160 Page 505 1 THE HEARINGS OFFICER: Actually, I have listed 2 A23, which is the HHMI website. So the next in order 3 would be A24 . 4 MR. HONG: A24, thank you. 5 (Exhibit A24 was marked for identification. ) 6 MR. HONG: Then for A25, that would be the County 7 of Hawaii zoning map. And that ' s the dark green with the 8 lighter shade of green with the designations A-1, A-20 . 9 And if that could be designated as A26, please. 10 MR. SIU: Twenty-five? 11 MS . SELF: Twenty-five. 12 MR. HONG: That will be 25 . 13 (Exhibit A25 was marked for identification. ) 14 THE HEARINGS OFFICER: Mr. Hong, are you asking 15 that those be admitted into evidence? 16 MR. HONG: Yes . 17 THE HEARINGS OFFICER: Mr . Siu, any objection? 18 MR. SIU: I have no objections . 19 THE HEARINGS OFFICER: Ms . Self? 20 MS . SELF: No objections . 21 THE HEARINGS OFFICER: Mr . Gomes? 22 MR. GOMES: No objections . 23 THE HEARINGS OFFICER: I will admit Exhibits 24 A24 and A25 into evidence. 25 (Exhibit A24 and A25 were received into evidence. ) ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page 506 1 And the other documents identified by Mr. Arai, 2 if he can provide a copy of those documents today before 3 the end of the hearing, we can admit those into evidence 4 as well assuming no party objects . 5 MR. HONG: Thank you. No further questions of 6 this witness . 7 THE HEARINGS OFFICER: Mr. Siu, do you have any 8 questions? 9 MR. SIU : I do not . 10 THE HEARINGS OFFICER: Ms . Self? 11 MS. SELF: No. 12 THE HEARINGS OFFICER: Mr. Gomes? 13 MR. COMES : No questions . 14 THE HEARINGS OFFICER: Thank you very much, 15 Mr. Arai . You' re excused. 16 MR. HONG: Our next witness is Bobby Jean 17 Leithead-Todd. 18 BOBBY JEAN LEITHEAD-TODD 19 called as a witness by the Applicant, having been first 20 duly sworn, was examined and testified as follows : 21 DIRECT EXAMINATION 22 BY MR. HONG: 23 Q. We ' re trying to get the Planning Commission 24 record page designation right now. 25 THE HEARINGS OFFICER: Ms . Lee Loy, if you are ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page No.065 11 V-2 Page 507 1 trying to turn pages, that ' s fine, but I 'd ask you not to 2 talk to the witness . 3 BY MR. HONG: 4 Q. We' re looking at page 1227 and also page 881 . 5 So, Ma 'am, would you state your name for the record and 6 spell your name, please? 7 A. My name is Bobby Jean Leithead-Todd. B-O-B-B-Y 8 J-E-A-N L-E-I-T-H-E-A-D T-O-D-D, and they' re all four, 9 separate. 10 Q. I ' d like to begin this morning by talking about 11 your educational and professional background. Could you 12 highlight your educational background for us, please? 13 A. I have a BA in English literature with a 14 substantial amount of course work in Hawaiian studies 15 because I was originally going to head for a Hawaiian 16 studies major at one point . Then I have a Juris Doctor 17 from the William S . Richardson School of Law. In terms 18 of -- just the education or you wanted -- I 'm sorry. 19 Q. You can do both, please. 20 A. Okay. And then, professionally, I have worked as 21 a staff person at the State legislature, Lieutenant 22 Governor ' s office . And then after --- during and after 23 law school as an associate attorney at Case Kay & Lynch 24 and then Case & Lynch. Oh, actually, Case & Lynch. I 25 was hired by Case Kay & Lynch and then by the time I ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No.003103 Page 508 1 started working, they had morphed into Case & Lynch. I 2 then worked for the County as a deputy corporation 3 counsel as the legislative auditor under the County 4 Council and then was elected to the County Council four 5 times where I was the chairman of the Council ' s planning 6 committee for six and a half years and then returned to 7 the Office of Corporation Counsel where I was the deputy 8 corporation counsel assigned to the Planning Department 9 for approximately four years before I left to become the 10 Director of the Department of Environmental Management. 11 I then -- that was during the Harry Kim 12 administration for a period about -- a little over a year 13 and a half. And then in February of 2009, moved over to 14 the Planning Department, initially as the Acting Deputy 15 Director. And then effective March 1st of 2009, I became 16 the Director of the Planning Department through this past 17 May of 2013 . 18 Since June of 2013, I have been the Director of 19 the Department of Environmental Management . 20 Q. In terms of your being the Planning Director for 21 the County of Hawaii, could you tells us briefly what 22 your duties and responsibilities were. 23 A. As the head of the department, I oversee the work 24 of the staff which is housed in two offices, the bulk of 25 the staff being here in Hilo and the rest in Kona . And ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 y SPP No. 12-000138 Page No.Ms 164 Page 509 1 we do a variety of things from drafting amendments to the 2 subdivision code and the zoning code, overseeing 3 implementation of subdivision and zoning code as well as 4 providing support to the Planning Commissions and Board 5 of Appeals on appeals from both the planning director as 6 well as the director of Public Works. 7 We also administer the SMA permits and oversee 8 that both minors, which are granted by the director and 9 the -- what we would call the major permits, which are 10 approved through the Planning Commissions, and then any 11 other applications that are under either the subdivision 12 or the zoning code . And then we also are responsible for 13 long-range planning so we would oversee both updates to 14 general plan intra amendments to the general plan as well 15 as community development plans . 16 Q. Before coming to testify this morning, had you 17 had the opportunity to review the Planning Department ' s 18 recommendations -- original recommendations which appear 19 at the -- in the record at pages 773 to 778? 20 A. Not recently. I haven 't looked at this in a 21 while, but I 'm familiar with the documents . 22 Q. All right . And then there was a revised -- there 23 were revised recommendations that begin at page 881 24 through 896. 25 A. Yes . ISLAND COURT REPORTING TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page Nu.0851t5-- Page 510 1 Q. Are you familiar with those? 2 A. I haven' t reviewed it recently, but I 'm familiar 3 with it . 4 Q. And then in terms of pages 1227 through 1231, 5 these were the revised conditions that were generated by 6 the Planning Department . Do you recall seeing those? 7 A. Yes . 8 Q. Since becoming Planning Director, other than a 9 review of the record, have you done any other 10 investigation or examination of the Connections special 11 permit application? 12 A. My review has been primarily limited to any of 13 the materials that were submitted to our department 14 through the application. I have independently driven 15 through the area on Edita Street to just view where the 16 parcel was as well as looking at Puainako extension to 17 see what possibilities were there . But in terms of 18 anything else outside of this, other than the meetings 19 that we 've had, no, just completely in my capacity as the 20 director in the application process . 21 Q. Up to the point where you left as Planning 22 Director for the County of Hawaii, did the Planning 23 Department ' s position change in terms of the revised 24 recommendations of the Planning Department appearing in 25 the record at pages 881 through 896? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page 511 1 A. If what you' re asking me if our -- if I kept a 2 favorable recommendation, no, my position did not change 3 and the position of the Department did not change . I 'm 4 not -- I have not kept apprised of anything that ' s 5 changed since I left in May of 2013 . 6 Q. In terms of the process, Connection' s application 7 process for a special use permit, tell us what parameters 8 has the Planning Department used to determine whether a 9 proposed use is appropriate? 10 A. Um, we basically follow the same process that we 11 would for any special use permit . And, basically, 12 because it ' s agricultural land, we would look at whether 13 it ' s a reasonable or unusual use of ag land. And we 14 would look at whether we had approved similar uses on 15 agricultural land in the past. 16 And in the case of a school, generally, you look 17 at certain public uses that you might not otherwise be 18 able to have in an area because of the State -- Chapter 19 205 . So -- but you want to usually have schools close to 20 residential populations and also you want to serve 21 people. 22 This island has over a million acres of 23 agricultural land and a million acres of conservation and 24 very little land that ' s actually classified urban . So 25 it ' s not unusual to have an application for agricultural ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 �. SPP No. 12-000138 Page llu,0631157 Page 512 1 land, but you have to go through the process and you 2 would look at its impact on traffic, you would look at 3 its impact on surrounding uses . You would look at 4 whether it was taking and let ' s say important 5 agricultural land out of agricultural use . If it were 6 A or B land, we would scrutinize it a little bit more . 7 You would also have to check to see if there were 8 either natural or archaeological features or historic 9 features on the property that might impact the use and 10 conditions that you would put on a permit . 11 Q. All right . You' re familiar with the process of 12 -- for a State land use boundary amendment? 13 A. Yes, I am. 14 Q. In terms of -- let me ask this question more 15 directly. In terms of the Connections permit, special 16 use permit, did you at any time feel, in your 17 professional opinion and based on your experience, that 18 that should have been perceived, that process should have 19 gone through a State land use boundary amendment? 20 A. No, I did not . 21 Q. Why not? 22 A. Because it was not unusual to see somebody asking 23 for a school in agricultural land; that was one . 24 Two, this is basically a recommendation that goes 25 to the State because it ' s more than 15 acres . It goes to ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page 11U.063108 Page 513 1 the State Land Use Commission and, you know, we had some 2 -- there was background material that indicated the State 3 was supportive of this because a lot of times when it ' s 4 more than 15 acres, you want to make sure you' re on the 5 same page and we had nothing to indicate that the State 6 had an objection to a special use permit for the use of 7 this land as a school . 8 Q. All right . One of the criticisms of this project 9 has been raised that no school has been allowed to 10 operate on land zoned for agriculture . You' re aware of 11 the Kamehameha Schools in Keaau? 12 A. Yes, I am. 13 Q. Are you aware that a significant portion of 14 Kamehameha Schools operates on land zoned agriculture? 15 A. Yes, I am. 16 Q. And part of that also, Kamehameha Schools is 17 situated -- a small part of that Kamehameha Schools is 18 situated on land zoned urban, right? 19 A. Yes . 20 Q. And you' re aware that Kamehameha Schools went 21 through a special permit application, not a State land 22 use boundary amendment, correct? 23 A. Yes . 24 Q. You ' re familiar with a project in the Edita/Mele 25 Manu area that is being proposed to be developed by ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 r...r � SPP No. 12-000138 page No-603109 Page 514 1 Mr. Brilhante? 2 A. There was a proposal for a subdivision on the 3 makai side of Edita Street . The current Mele Manu was 4 also a Mr. Brilhante subdivision, the one-acre lots, but 5 this is makai . And just where Edita meets at a 90 degree 6 angle with Mele Manu, it would be directly makai of that 7 area . 8 Q. Based on your understanding of the project, where 9 was the ingress and egress from that particular project 10 supposed to be put in? 11 A. Well, as it came to the Department, the proposal 12 was to have the egress and ingress come through Edita and 13 then basically an extension of Mele Manu. When I 14 reviewed it, I was interested in having it connect to the 15 Puainako extension. And the reason is that the 16 long-range plans had always envisioned that Edita Street 17 would eventually connect, but Edita -- between Edita and 18 the Puainako extension there ' s a flood area that would be 19 very expensive to bridge that area. 20 And so when I looked at the makai land, it looked 21 like it ' s out of that flood area where we have a lot of 22 drainage come through so it looked like there was an 23 opportunity to provide an additional connection from 24 Kaumana Drive to the Puainako extension as opposed to 25 having everybody go all the way up to Wilder to hook up. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page Nutastt(�-- Page 515 1 So that was something that I was interested in 2 seeing that if that subdivision were to go forward. 3 Q. And you communicated that to Mr. Brilhante? 4 A. Yes, I did. The other reason I was wanted in it 5 is I thought that perspectively in the future it had the 6 potential of providing alternative access too because 7 Connections was already in the office at the time the 8 subdivision came in. And I know that the way a lot of 9 these applications work is you don' t build out 10 immediately. You build out over a period of time, so I 11 thought there was a potential and that in the long run, 12 access through Puainako might be better for everyone. 13 Q. If you could turn to page 1229, please . And if 14 you look at paragraph number 12, do you see that? 15 A. Yes, I do. 16 Q. Explain to us why you felt that paragraph should 17 be included in the recommendations or the conditions, 18 excuse me . 19 A. Part of it is that -- trying to address some of 20 the concerns of the community. Part of it was I was 21 aware that there were some proposals to develop and 22 thought that a better access would be off of Puainako. 23 And that just has to do with the fact that Puainako has 24 been designed with broad shoulders, and so I felt that in 25 the long run that that was a better connection. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page No.0031 11 Page 516 1 Besides, it ' s always nice to have more than one. 2 You know, if something happens on Kaumana, you could 3 redirect traffic that way. If something happens on 4 Puainako, you still have access on Kaumana. 5 Q. And in terms of that paragraph, did the applicant 6 have any objection to the inclusion of that particular 7 condition? 8 A. I do not recall any objection. 9 MR. HONG: Thank you, Ms . Leithead-Todd. No 10 further questions . 11 THE HEARINGS OFFICER: Mr. Siu, any questions? 12 MR. SIU: I have no questions . 13 THE HEARINGS OFFICER: Ms . Self . 14 MS . SELF: No questions . 15 THE HEARINGS OFFICER: Mr. Gomes . 16 MR. GOMES : I have some questions . 17 THE HEARINGS OFFICER: Go ahead. 18 CROSS-EXAMINATION 19 BY MR. GOMES : 20 Q. Good morning. 21 A. Good morning. 22 Q. Where do you currently reside? 23 A. I currently reside in an area that ' s Kaumana 24 Country Club Estates, more commonly referred to as 25 Kaumana Gentry, off of Wilder and off of the Puainako ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP Na. 12-000138 Page Nu.0631 12 Page 517 1 extension. 2 Q. How long have you lived there? 3 A. I lived there since 19B9 . I was raised on 4 Kaumana Drive, however, just above Aipuni Street . 5 Q. Are you familiar with the project site? 6 A. Yes, I am. 7 Q. And are you aware that the first community 8 meeting held by the applicant that the Boyd family signed 9 in with an Ewa Beach address? 10 A. I do not recall that . 11 Q. And are you aware that there' s no evidence of the 12 2009 community meeting where the community could have 13 been invited to? 14 A. I am not familiar with that . 15 Q. Are you aware that the applicant and his former 16 attorney insists that several community members requested 17 a fence be put up so that is why they put the fence up 18 around the property? 19 A. I am not aware that that ' s the reason for the 20 fence being put up, per se. 21 Q. And are you aware that in the minutes of the 22 community meetings there ' s no evidence of anyone asking 23 the applicant to put up a fence? 24 A. I am not familiar with the community minutes of 25 the community meeting. I don' t recall that . ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (BOB ) 933-9B00 ...: �. SPP No. 12-000138 Pay e No.063113 Page 518 1 Q. Are you aware that on page 970 of the evidence at 2 the community meeting held on September 2, 2011, someone 3 asked how high the fence was going to be and the school 4 replied, six feet? 5 A. This, I 'm familiar with. 6 Q. Is there a benefit to change the fence from 7 six-foot fence to a four-foot fence? 8 A. I really couldn' t speak to that . Six feet is 9 usually the maximum height you can do a fence without 10 additional permitting. 11 Q. So a six-foot fence could have been done without 12 a permit . 13 A. Typically, yes, unless there ' s some accompanying 14 grubbing or grading or other issues that come up in terms 15 of putting the fence in. 16 Q. Are you familiar with the violations the 17 applicant committed while illegally fencing the property? 18 A. I saw some newspaper articles and there was some 19 material presented to the Department about that . 20 Q. Do you recall the applicant ' s former attorney 21 claiming to file complaints against On The Line Fencing 22 with the DCCA? 23 A. I cannot recall that . I think there was 24 something in the newspaper about that, but that ' s -- I 25 vaguely remember, but it was not something that I -- ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page Nu.8881 14 Page 519 1 Q. You wouldn' t know the status of that complaint . 2 A. No, I would not . 3 Q. Are you aware that that form was never officially 4 filed and the DCCA has no record of this complaint? 5 A. I have no knowledge of that either. 6 Q. Are you aware that Justin Thatcher is a close 7 personal friend of John Gonsalves, owner of On The Line 8 Fencing? 9 MR. HONG: Excuse me, I 'm going to object as lack 10 of relevance . 11 THE HEARINGS OFFICER: Mr. Gomes, how is this 12 relevant to the petition? 13 MR. GOMES : During the complaint about the 14 fencing, Justin Thatcher was the one who filed the 15 complaint . 16 THE HEARINGS OFFICER: Mr. Gomes, I 'm going to 17 sustain the objection. This isn' t relevant to this 18 petition. 19 BY MR. DOMES : 20 Q. Did you get the opportunity to read the DOCARE 21 investigation report by Officer Shishido? 22 A. I remember reading something about the 23 investigation, yes . 24 Q. And are you aware that Officer Shishido 25 summarizes that Connections knew of the ongoing ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 v� SPP No. 12-000138 Page N0.6031 15 Page 520 1 bulldozing, grubbing, clearing and fencing on all phases 2 of the project? 3 A. I -- without the report in front of me, I would 4 be hesitant to say exactly what ' s in it, but I do recall 5 that there was an inference that they were aware or 6 should have been aware . 7 Q. Are you aware that Officer Shishido concludes 8 that Connections Charter School knew of the ongoing 9 violations, that they were occurring and that he found it 10 difficult to believe that Connection' s Charter School 11 knew nothing of the bulldozing, grubbing, land clearing, 12 fencing, and removal of Chia logs . 13 A. Again, without the document in front of me, I 14 would be hesitant to say exactly what ' s in it, but I do 15 recall that there was an inference that they should have 16 been aware in something that I read. 17 Q. Are you familiar with the EA process? 18 A. In general, yes . Or for this one, they had to do 19 an environ' -- you have to do an environmental assessment 20 whenever you' re going to use State or County land or 21 State or County money, pretty much. 22 Q. In your opinion, should the applicant have tried 23 to make contact with the community as it requires in the 24 environmental or in Title 11, Chapter 200 prior to doing 25 the environmental assessment? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No.0631 Page 522 1 A. I wouldn' t say that you' re required to contact 2 prior to doing the assessment, but when you' re doing an 3 assessment, you typically are looking at what ' s on the 4 property as well as what ' s surrounding the property. And 5 depending on what you' re proposing, you may send notice 6 out to the neighbors and invite them to comment . But 7 you' re not necessarily required to go door to door or -- 8 because you' re looking at what impact it has, but you 9 typically would publish and invite people to comment on 10 it. 11 Q. Okay. 12 A. The notice requirements on the special permit, on 13 the other hand, require the radius of so many hundred 14 feet that you have to specifically give notice to people. 15 Q. In the Department of Health Administrative Rules, 16 Title 11, Chapter 200, subchapter 6A, paragraph 1, says : 17 "Seek, at the earliest practicable time the advice and 18 input of county agencies responsible for implementing the 19 county' s general plan for each county in which the 20 proposed action is to occur, and consult with other 21 agencies having jurisdiction or expertise as well as 22 those citizen groups and individuals which the proposing 23 agency reasonably believes to be affected. " 24 I, being a neighbor that ' s bordering the school, 25 and my entire neighborhood which has to drive in and out ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 v„ SPP No. 12-000138 Page No.003 117 Page 522 1 pass the school, could we be reasonably affected by the 2 project? 3 A. It could be seen that way, but they typically 4 have to produce a list to the accepting agency of 5 everyone that they have contacted and what efforts and 6 what meetings they have done . And then whoever accepts 7 that, determines whether the notice has been sufficient B and the engagement has been sufficient. And they also 9 look at the comments that come in. 10 Q. Okay. I 'm concerned about the word, "seek. ” It 11 says, "seek. " And does that mean they' re supposed to 12 come look for us or ask us? 13 A. That can be done through multiple ways . It can 14 be done through letters . They don' t come knocking on the 15 door of the Planning Department. They' ll send a letter 16 out saying we ' re proposing to do something. They may put 17 a notice in the paper for the general public. If they -- 18 certain projects they might want to contact all the 19 neighbors that are immediately adjacent . 20 I don' t independently recall right now exactly 21 who they contacted, but as part of that process, you 22 would probably have community meetings and that might be 23 the seeking input. 24 Q. Okay. But as far as you know, you 've never seen 25 any evidence that the environmental assessment was -- ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page pqu.6651 15 Page 523 1 that anyone sought out people from the community to share 2 input on the environmental assessment . 3 A. I couldn' t say that because without reviewing the 4 record, I couldn' t say that they didn' t seek out the 5 community. 6 Q. Do you recall seeing any evidence that they did 7 seek out? 8 A. I recall evidence of community meetings . I don' t 9 recall specifically whether that was before or after. 10 Q. That was after the environmental assessment. 11 JoNelle Fukushima on page 2145 claims to be a Kaumana 12 resident on her petition for standing in the contested 13 case hearing. Do you recall JoNelle Fukushima asking to 14 be -- to have standing in the contested case hearing? 15 A. Not offhand. 16 Q. Her address is 1785 Waianuenue Avenue, which is 17 in P' iihonua . That ' s not Kaumana, correct? 18 A. You don' t -- without recalling specifically, you 19 know, the parameters, if somebody asks for a contested 20 case standing in something like Connections, if they have 21 an interest which is distinguishable from that of the 22 general public, that could be that they' re a resident, it 23 could be that they have a child attending the school . 24 There could be a number of reasons, and without 25 that record and looking at what their rationale is, the ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (806) 933-9800 SPP No. 12-000138 Page No.603 11 1 9 Page 524 1 address alone of your residency would not necessarily be 2 an indication of why you asked to have standing in the 3 contested case. 4 Q. So it ' s if she was not misleading to say that 5 she ' s a Kaumana resident when she lives in Pi ' ihonua. 6 THE HEARINGS OFFICER: Mr. Gomes, I have given 7 you great latitude in your questioning, but I cannot see 8 any basis as to why this is relevant or material to this 9 proceeding. That -- if there was a decision on a 10 petition, it was made a long time ago . The time for 11 appeal has run. 12 So I am going to ask you to move on to another 13 line of questioning. 14 BY MR. GOMES: 15 Q. Did you attend any of the meetings held by the 16 applicant with the community? 17 A. No, I did not . 18 Q. There was one meeting -- you may not recall, but 19 you were there, and you were asked to speak. So do you 20 recall your comments? 21 A. This was a meeting -- where was this meeting? 22 Q. This was in the Kaumana Elementary School 23 cafeteria . 24 A. Oh, yes, I do remember . 25 Q. And do you recall making a statement that the ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page N0.063120 Page 525 1 application would probably be approved? 2 A. While I don' t recall, it would not be 3 inconsistent that I made that statement based on my 4 review of the files and my knowledge of other special 5 permits . 6 Q. You were the Planning Director when the Planning 7 Department ' s recommendation was offered to the Planning 8 Commission, correct? 9 A. Yes . 10 Q. Is it also correct to say that the Department ' s 11 recommendation is your recommendation as the Planning 12 Director? 13 A. Pursuant to the code, it ' s officially my 14 recommendation, but it ' s not made in a vacuum. 15 Typically, what happens in the Department is the staff 16 reviews an application, they draft a recommendation, and 17 I can agree or disagree. And if I disagree, then I tell 18 them to go back and redraft it . 19 In this case, we had discussion back and forth 20 over the application. And, ultimately, both staff and I 21 agreed that the recommendation should be favorable. 22 Q. In their recommendation, you noted that from a 23 planning perspective, this request has proven difficult 24 in arriving at a position we are comfortable with. 25 MR. HONG: Excuse me, I object . If there could ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 . . 4 SPP No. 12-000138 Page lftaast2t- Page 526 1 be a page reference, please? 2 THE HEARINGS OFFICER: Mr. Gomes, can you be more 3 specific. 4 MR. GOMES : Sorry, I can' t. I forget what page I 5 got -- I didn' t note the page . 6 THE HEARINGS OFFICER: Is this something in the 7 recommendation? 8 THE WITNESS : I believe it ' s the initial 9 recommendation. 10 MR. GOMES : It is . It ' s in the recommendation 11 and I quoted her as saying from a planning perspective, 12 this request has proven to be difficult in arriving at a 13 position. 14 THE WITNESS : It ' s page 775 . 15 THE HEARINGS OFFICER: And what is your question, 16 Mr. Gomes? 17 BY MR. GOMES : 18 Q. Why -- why was it difficult? 19 A. The biggest issue that we had, really, was when 20 we looked at the student body. And since a substantial 21 portion of the student body came from the Puna area, we 22 were questioning whether locating the school up in 23 Kaumana was an appropriate location for a student body. 24 However, ultimately, when we reviewed it, we looked at 25 the fact that the student body changes . ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 page 11U.603 122 Page 527 1 When Connections originally started, and this I 'm 2 familiar with because my good friend lived in Glenwood 3 and taught at Mountain View Elementary School where 4 Connections started. 5 When Connections started, I would say that 6 virtually 100 percent of its students resided in Puna. 7 As Connections moved to its location at the Kress 8 Building and subsequently opened up additional facilities 9 at Nani Mau, over the years the percentage of students 10 who were from Puna and the percentage of students who are 11 from let ' s say South Hilo and North Hilo has changed so 12 that now you have a mix. 13 And, ultimately, if Connections moves to Kaumana, 14 over time you' re going to probably see a change in the 15 mix too and you will see over time more and more of those 16 students will reside from South Hilo because that has 17 been the trend if you look at the trend. 18 So it became that we needed to look at the permit 19 in terms of its land use and whether it was an 20 appropriate use of this land as opposed to what 21 percentage of students lived in Puna and what percentage 22 of students lived in Hilo. 23 Q. You noted the fact remains that as a school is 24 developed and the student body evolves, the school could 25 mature into an institution that more directly serves the ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page No.0631,23— Page 528 1 residents of the area . Could you describe how that 2 statement is a fact? 3 A. That statement comes from my experience with the 4 evolution of Connections, that as it has moved from 5 Mountain View into downtown Hilo, you have seen a change 6 in the students that it serves from 100 percent Puna 7 residents to where it ' s more of a 50-50 mix now. 8 So I think that that is not only probably an 9 accurate forecast of what will happen, but it accurately 10 reflects what has actually occurred as the school has 11 moved locations . 12 Q. What happens if it does not mature into something 13 that -- 14 MR. HONG: I object. It calls for speculation. 15 THE HEARINGS OFFICER: I 'm going to sustain the 16 objection. That ' s speculative . 17 BY MR. COMES : 1B Q. Are you aware that the applicant has stated at 19 one of the community meetings that it will not make 20 special concessions to students who live in the area to 21 attend school? 22 A. I am not aware directly. I have heard from 23 community members that that was said. 24 Q. What is your impression of the current 25 relationship between the applicant and the area ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 pave ft.0031-2 I Page 529 I community? 2 MR. HONG: I will object as lack of relevance. 3 THE HEARINGS OFFICER: Mr. Gomes, how is this 4 relevant? 5 MR. GOMES : Pardon? 6 THE HEARINGS OFFICER: How is this relevant? V Your question, how is it relevant? 8 MR. GOMES : The survival of a school depends on 9 community support . 10 THE HEARINGS OFFICER: I don' t find that question 11 relevant . I 'm going to sustain the objection. 12 MR. GOMES : Okay. 13 Q. (By Mr . Gomes) What do you think it will take 14 for the school to mature into an institution that would 15 benefit the community? 16 MR. HONG: I 'm objecting. Again, we' re going IV down a very speculative line of questioning. 18 THE HEARINGS OFFICER: Sustained. 19 BY MR. GOMES : 20 Q. You also concluded that the request would not 21 adversely affect surrounding properties, limit the 22 impacts and the ways in traffic. Did you ever consider 23 the residents ' quality of life? Did you consider that 24 zero percent of the community submitted letters of 25 support for the school? ..... .. ........ ........... ... ..... ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 .00 SPP No. 12-000138 Page NU.809125-- Page 530 1 A. I have not seen support from the community. 2 However -- I 'm not going to say that . 3 Q. You took into account the police department ' s 4 comments regarding pedestrian safety. The police 5 department also commented about how the project is being 6 placed in a residential area that will likely affect the 7 quality of life for residents that propose -- this 8 proposed site. That would be an increase in noise, 9 crime, and traffic. Did you ask the police department to 10 clarify its comments regarding adverse quality of life 11 impacts as well as an increase in crime? 12 A. No, we did not . 13 Q. Why not? 14 A. The police department ' s comments are very 15 consistent with the kinds of comments they make on almost 16 a wide range of development proposals . And those 17 comments would be true whether you had reclassified the 18 land, whether you had rezoned the land. 19 A school brings traffic, a commercial development 20 brings traffic, an industrial development brings traffic. 21 And generally speaking, it can almost -- anything that 22 isn' t -- well, a new residential subdivision could bring 23 additional traffic and additional crime just because 24 you' ve got more homes there. Or if you wanted to put 25 affordable housing next door, you know, there ' s all kinds ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9600 SPP No. 12-000138 Rage N0.003120- Page 531 1 of things you could do that potentially have an impact . 2 So we look at those factors whether -- and the 3 fact that you just have a school there doesn' t 4 necessarily mean you' re going to have crime . But you are 5 going to have some traffic, and we looked at those 6 factors and then you try to see what can you do to 7 mitigate those concerns . So if a school is proposing 8 overnight facilities, but they ' re going to be chaperoned, 9 if the school is going to have security like most schools 10 do, you look at all of those things and you try to 11 mitigate those factors . 12 Q. Are you aware of any K through 12 schools that 13 were built within the past 20 years that are within the 14 State land use agricultural district? 15 A. Kamehameha Schools is the one that I can think 15 of, and there are a number of other charter schools that 17 are in the process because there had been confusion in 16 the past over whether you needed to get a special permit. 19 So there are some other charter schools that are 20 on agricultural land and are in the process of getting 21 the special permits . I 'm thinking HAAS is one that comes 22 to mind out in the Pahoa area . There ' s another -- I 23 think it ' s Ke Kua 0 Ka La down in the Kapoho area. And 24 part of it is because those schools started not thinking 25 they needed to get a permit. So they' re now in the ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page Nu.665 127 Page 532 1 process of getting the permits to comply with the 2 interpretation of the law. 3 Q. Is the current use of the property open space and 4 forestry? 5 A. I would say that the current use of the property 5 is probably nothing. I mean it ' s classified ag and 7 whatnot, but nobody was actually using the property. I 8 don' t believe there was a lease. I don' t think there was 9 anything going on. It was just land that the State had 10 that they weren' t utilizing. The mauka area has some 11 special concerns because of the existence of Kaumana Cave 12 and that ' s why there ' s restrictions or mitigation on the 13 use of that portion in order so that it doesn' t impact 14 Kaumana Cave. 15 Q. Do you recall me asking you at the community 15 meeting about the Kaumana Cave that runs from the bottom 17 of my property underneath the project site? 18 MR. HONG: Objection, we ' re going -- lack of 19 relevance . 20 THE HEARINGS OFFICER: Mr. Gomes, how is this 21 relevant? 22 MR. GOMES : Part of their reason the mauka 23 property, the mauka parcel will not be developed is 24 because it ' s on top of the cave . And I believe the cave 25 system runs completely underneath the makai parcel as in ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 ,�. SPP No. 12-000138 Page No.065 1/2-08 Page 533 1 the indentation I showed you during the walk--through and 2 the proof of the lava tube at the bottom of the drywell 3 which does not overflow and runs underneath the property. 4 THE HEARINGS OFFICER: Mr . Gomes, then you can 5 ask her if she knows whether the cave runs under the 6 project site . But as far as anything else with the cave 7 running mauka, that ' s not relevant. So I 'm sustaining 8 the objection. You can rephrase the question and ask her 9 any question you have that 's relevant to this project . 10 BY MR. DOMES : 11 Q. Getting back to my other open space and forestry, 12 is it correct to assume that the type of use is generally 13 quiet? 14 A. I would say that currently, there isn' t much use 15 of the property. It' s basically vacant land with the 16 upper portion, which is mauka of Edita Street but below 17 the County park, having a lot of Ohia on it. 18 Q. Will not the proposed development with its 19 classrooms, playground, dormitory, and related structures 20 change the essential character and present use of the 21 land? 22 A. It will change the current use of the land which 23 is the land' s not being utilized, but it ' s not -- it' s 24 consistent, in my estimation, with the grounds for 25 granting a special permit . ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No.003129- Page 534 1 Q. One of the goals of the public facility' s element 2 of the general plan state, "Encourage the provision of 3 public facilities that effectively service the community 4 and visitor needs and seeks ways of improving public 5 services through better and more functional facilities in 6 keeping with the environmental and esthetic concerns of 7 the community. " 8 A policy of the land use element of the general 9 plan also states : "Encourage the development and 10 maintenance of communities in meeting the needs of its 11 residents in balance with the physical and social 12 environments . " Can you comment on these policies 13 relative to the proposed development? 14 A. We felt that granting the special use permit was 15 consistent with the overall general plan. And that 16 finding a -- basically, a permanent home for Connections, 17 as opposed to where they are right now, is also 18 consistent with the general plan including providing 19 opportunities . 20 When you' re looking at the general plan elements, 21 you have to understand that a lot of it is not where you 22 take a parcel out of context of the entire community. 23 And that when you' re talking about community, you' re 24 sometimes not just talking about the people who live 25 immediately adjacent to a development, but a larger ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page Ma.0031115— Page 535 1 community. So you have to weigh all of that, the impact 2 to the immediately adjacent neighbors as well as the 3 benefit to the larger community, and I believe that in 4 looking at this, we did balance that . 5 Q. And what is your definition of quality of life? 6 A. I don' t know that I could give that to you 7 specifically because my definition of quality of life 8 encompasses a lot more than just land use . It ' s kind of 9 the total neighborhood and everything else that is 10 important . 11 I personally don' t want to be hooked up to 12 machines at the end of my life, but I like having schools 13 close to where I lived for my kids . So I happen to think 14 that the quality of life on the Big Island is pretty 15 good. I ' ve lived in Kaumana from the time I was four 16 until I was 22, and then returned to Kaumana in 1989. So 17 I was there from 1956 to 19 -- early 1970s and then came 18 from back from ' 89, and I ' ve always thought that that was 19 a good place . 20 And my connection -- if you' re talking about 21 quality of life, my great-grandfather raised grapes in 22 Kaumana. I would probably prefer the quality of life 23 that he had because he owned a whole big chunk and there 24 weren' t hardly anybody living up there, but time 25 progresses . ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 .� SPP No. 12-000138 Page 536 1 I live in a subdivision that didn' t exist before 2 and I love the subdivision that I 'm in because it ' s a 3 dead-end subdivision. Someday my subdivision' s not going 4 to be a dead-end subdivision. So my definition of 5 quality of life will probably go down, but the other side 6 of that is that there will be other people who will have 7 an opportunity to have homes in an area of the island 8 that ' s close to jobs and other amenities . 9 So it ' s a balance between my quality of life and 10 the quality of life of other people and giving other 11 people opportunities . And so it' s kind of a balance 12 because, you know, somebody asked me once if I want to 13 shut the gate on people moving to Hawaii . And I said, 14 yeah, great. I 'd like to shut it back in 1959 before we 15 became a State. Most of the people got real quiet . 16 THE HEARINGS OFFICER: Mr. Gomes, can you go on 17 with your next question. 18 BY MR. DOMES : 19 Q. Do you believe community support is important for 20 the success of the school? 21 A. It would be better to have it . I think there 22 have been a lot of things that could have been done 23 better, but I think that the school can be successful as 24 time goes by. I think they can build a relationship as 25 they develop and I think ultimately the success of the ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No.003132 Page 537 1 school is going to be based on whether they can provide a 2 decent education for its students and whether their 3 students are successful once they leave the school . 4 Because if you have students who leave the school and 5 graduate and are successful, that will be the true 6 indication of whether the school succeeds . 7 Q. Are you aware then, I was invited to visit the 8 school, and after visiting the school, one of the 9 teachers had asked me for help because we do the same 10 line of work. And I offered to help them in any way I 11 could, but then there was no contact after that except 12 for pictures of my home . They' re showing pictures of my 13 home trying to pick a fight with me. 14 MR. HONG: Objection, lacks relevance, lacks 15 foundation. 16 THE HEARINGS OFFICER: I 'm going to sustain the 17 objection. It ' s not relevant and its immaterial to this 18 hearing. 19 BY MR. GOMES : 20 Q. Can you explain the difference between 21 ministerial and discretionary application? 22 MR. HONG: I 'm going to object . Again, lacks 23 relevance and calls for a legal conclusion. 24 THE HEARINGS OFFICER: Mr. Gomes, how is this 25 relevant? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page Na.068155 Page 538 1 MR. COMES : I just want to know, for example, 2 building permit, grading permit, subdivision 3 applications, ministerial . 4 THE HEARINGS OFFICER: Mr. Games, again, I ' ve 5 given you great latitude. I find no relevance in this 6 issue. I 'm sustaining the objection. 7 MR. GOMES : I have no further questions . 8 THE HEARINGS OFFICER: Mr. Hong, do you have any 9 redirect? 10 MR. HONG: Actually, I do, briefly, on the land 11 use issue. I ' d like to have this next document marked as 12 Exhibit 26. This purports to be an excerpt from the 13 Zoning Code, Section 25-5-72 . And may the record reflect 14 I 'm handing to opposing co-counsel and Mr. Gomes and the 15 witness . 16 (Exhibit A26 marked for identification. ) 17 REDIRECT EXAMINATION 18 BY MR. HONG: 19 Q. My question, Ma 'am, is you' re familiar with 20 Section 25-5--72 of the zoning code? 21 A. Yes . 22 Q. And if you look at -- this talks about what are 23 generally permitted uses in an agricultural district? 24 A. Yes . 25 Q. On the second page, Subsection D (7) , what are the ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 _ SPP No. 12-000136 Payt-Na-665154 Page 539 1 permitted uses there provided that they followup with a 2 special use permit would be schools; is that right? 3 A. Yes . 4 MR. HONG: I ask the Hearings Officer to take 5 judicial notice that -- of this section of the zoning 6 code and enter it into evidence as Exhibit 26 . 7 THE HEARINGS OFFICER: Mr . Siu, do you have any 8 objection to Exhibit 26 being admitted into evidence? 9 MR. SIU : I do not . 10 THE HEARINGS OFFICER: Ms . Song -- Ms . Self? 11 MS . SELF: No . 12 THE HEARINGS OFFICER: Mr. Gomes? 13 MR. COMES : No objection. 14 THE HEARINGS OFFICER: Then I will admit Exhibit 15 A26 into evidence. I will also take judicial notice of 16 Section 25-5-72 of the Hawaii County Zoning Code . 17 (Exhibit A26 was received into evidence . ) 18 MR. HONG: Thank you. Nothing further . 19 MR. SIU : I have no questions . 20 THE HEARINGS OFFICER: Any further questions? 21 Mr . Gomes, any further questions? 22 MR. COMES : No further questions . 23 THE HEARINGS OFFICER: Ms . Self, any questions? 24 I 'm sorry. 25 MS . SELF: No, no thank you. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 o SPP No. 12-000138 Page No.605155 Page 540 1 THE HEARINGS OFFICER: Thank you. 2 Ms . Leithead-Todd, you ' re excused. 3 We received -- I have these letters that the 4 Planning Department provided from the record. Mr. Hong, 5 did you want those in evidence? 6 MR. HONG: Yes, I ' d like to enter them in as 7 Exhibits 27 and 28 . 27 would be the December 6, 1999 8 letter from the Land Use Commission and Exhibit 28 would 9 be the January 7, 2000 PBR Hawaii letter. 10 THE HEARINGS OFFICER: Mr. Siu, any objection? 11 MR. SIU: I have none . 12 THE HEARINGS OFFICER: Ms . Self? 13 MS . SELF: None. 14 THE HEARINGS OFFICER: Mr. Gomes? 15 MR. GOMES : I 'm sorry, what are the numbers 16 again? 17 THE HEARINGS OFFICER: A27 is the December 6, 18 1999 letter and A28 is the January 7, 2000 letter. Do 19 you have any objection? 20 MR. GOMES: No objection. 21 THE HEARINGS OFFICER: Then I will receive 22 Exhibit A27 and A28 into evidence. 23 (Exhibits A27 and A28 were identified and received into evidence . ) 24 25 THE HEARINGS OFFICER: We ' ll take a short recess ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page Mu.085150 1.'6 Page 541 1 for the court reporter at this time . 2 Mr. Hong, you have just one more witness; is that 3 right? 4 MR. HONG: I have Mr. Fuke as a witness and we 5 anticipated calling Layne Novak because she was finally 6 served. I don' t know if she ' s present and then maybe 7 Mr. Gomes, but I 'm re-evaluating that . 8 THE HEARINGS OFFICER: Well, it ' s 11 : 30 right 9 now. And before we began, you thought we would be done 10 in the morning. It looks like -- we can go later and we 11 can take Mr. Fuke, but how much longer are you going? 12 MR. HONG: You know, I 'd like to talk to my 13 client. He may be actually our last witness . 14 THE HEARINGS OFFICER: All right. We' ll take a 15 short recess . 16 (Recessed at 11 : 35 a .m. and reconvened at 11 : 45 a.m. ) 17 THE HEARINGS OFFICER: We ' re going to reconvene. 18 Mr. Hong, your next witness . 19 MR. HONG: Thank you. Our next witness is Sidney 20 Fuke . 21 SIDNEY FUKE 22 called as a witness on behalf of the Applicant, having 23 been first duly sworn, was examined and testified as 24 follows : 25 DIRECT EXAMINATION ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 uuj lot Page 542 1 BY MR. HONG: 2 Q. Sir, would you state your name for the record and 3 spell your last name . 4 A. Sure . Good morning, everyone . My name is 5 Sidney. Last name is Fuke . It' s spelled F as in Frank, 6 U-K-E . 7 Q. And sir, would you tell us what ' s your 8 profession? 9 A. I 'm a land use planning consultant . 10 Q. How long have you been a land use planning 11 consultant? 12 A. Since 1985, so I would say a short -- a shade 13 less than 30 years . 14 Q. And you also served as the Planning Director for 15 the County of Hawaii? 16 A. That ' s correct . 17 Q. From what period of time to what period of time? 18 A. Essentially for eight years between 1976 through 19 1984 . 20 Q. And you've appeared before the Planning 21 Commission for approval on projects, developments, 22 special use permit applications? 23 A. Correct . 24 Q. How many times, generally? 25 A. As a consultant or as -- representing the ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 N-1 SPP No. 12-000138 Page No'663158 Page 543 1 Planning Department? 2 Q. As a consultant . 3 A. If you average about 10 per year, maybe 8 per 4 year, and given 30, I would say at least 200 -- 5 Q. Okay. 6 A. -- applications . 7 Q. In terms of the Planning Commission record, you 8 have it in front of you in two-bound volumes . I ' d like 9 you to start with page 1352 . 10 THE HEARINGS OFFICER: Ms . Lee Loy, I think he 11 can look at the documents . 12 BY MR. HONG: 13 Q. Let me know when you have those particular pages 14 in front of you. 15 A. Yes, I do . 16 Q. Okay. Pages 1352 to 1354 , that was written 17 testimony that you submitted to the Hawaii County 18 Planning Commission; is that right? 19 A. Yes . I didn' t deliver it because I was on Oahu 20 that day for another meeting, but I think it was read in 21 the record by someone else . 22 Q. Sure, but this is something that you generated? 23 You typed it up? 24 A. Correct . 25 Q. And in terms of page 352, you talk about traffic ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page Nu.889109 Page 544 1 under paragraph one . Do you see that? 2 A. Yes . 3 Q. You state that the validity of the study is being 4 questioned, the TIAR, by Mr. Rowell; is that correct? 5 A. Correct . 6 Q• And you know Mr . Rowell; is that true? 7 A. Not very well, but I was associated with one of 8 the work that he did on a project that I was involved in. 9 Q. That ' s the Regency project on Kaumana, correct? 10 A. Correct. 11 Q. Did you have any did you express any 12 objections or concerns to him about the work he did for 13 your project, the Regency project? 14 A. No. 15 Q. In terms of -- your statement goes on to talk 16 about windy and narrow Kaumana Drive, not necessarily 17 Edita Street, you talk about 400 students . Do you see 18 that information you provide there? 19 A. Yes . 20 Q. Did you base your concerns on any study, 21 independent study by a traffic engineer? 22 A. No. 23 Q. In terms of the next paragraph, paragraph 2, that 24 talks about water. The project requires 26, 100 gallons 25 per day. Do you see that? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 ....� SPP No. 12-000138 Page 545 1 A. Yes . 2 Q• You make the statement, "Catchment is not 3 acceptable by the DOE for any of its existing or newer 4 school facilities . " That goes over on to page 1353 . Do 5 you see that? 6 A. Correct . 7 Q. Do you understand that the school is 8 differentiating between potable and non-potable water 9 with respect to its water use. 10 A. The school -- you' re referring to the applicant ' s 11 school? 12 Q. Yes . 13 A. Yes . 14 Q. And in terms of your 26, 100 gallons per day that 15 you cite, that ' s total use, correct? You don' t make that 16 distinction; right? 17 A. No, I don' t . That is what was contained in the 18 environmental assessment and the report -- and in the 19 application that was provided by the -- that was 20 submitted by the applicant . 21 Q. And you' re not aware that the Hawaii Academy of 22 Arts and Sciences uses catchment water which is also a 23 DOE school? 24 A. No, I 'm not . 25 Q. You' re not aware that the Volcano Charter School ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No.60314t-- Page 546 1 uses catchment water? 2 A. No, I 'm not. 3 Q. You' re not aware that the school called SPACE 4 down in Kalapana which is a satellite school of HAAS, 5 you' re not aware that they use catchment water. 6 A. I don' t know whether all of the schools that you 7 had mentioned are K to 12 with a dormitory facility. 8 Q. So when you were putting that information about 9 catchment not acceptable by DOE, you were restricting it 10 to schools that are K to 12 and have dormitories. Is 11 that what you' re telling us today? 12 A. Not necessarily. I think that was just a general 13 comment that I made that if this were like a public 14 facility, that generally, public facility or publicly- 15 sponsored type of institution would have to have a water 16 system that would be consistent with whatever the County 17 requires . 18 Q. You' re aware HAAS is a public facility, isn' t it? 19 A. HAAS being? 20 Q. Hawaii Academy of Arts and Sciences in Puna. 21 It ' s a public charter school . 22 A. Well, you mentioned it . I didn' t know. 23 Q. You didn' t know that HAAS is a public charter 24 school? 25 A. That was not my application so I don' t really pay ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 ,. SPP No. 12-000138 Page No.065142 Page 547 1 detailed attention on matters like that . 2 Q. You've using your experience and making a 3 statement to the Windward Planning Commission regarding 4 DOE schools and using catchment water or not . Did you 5 think it was important to actually do any research with 6 respect to what other charter schools are doing? 7 A. Not necessarily. I was just making a general 8 comment about this is a public facility. It ' s going to 9 be a K to 12 with a dormitory facility. And as a result, 10 that it should be complying to with whatever any public 11 facility requirement should be. I am aware that there 12 are a number of other special permits that were issued 13 that do not have a municipal or not being provided by a 14 municipal water system. It ' s not necessarily limited to 15 only DOE or public-related type of facilities, but there 16 are others . 17 Q. All right . On the next page 1353, paragraph 3, 18 wastewater. You note the septic system possible -- 19 identified leaching and that it could occur in possible 20 cave -- possible caves in the area and create some 21 financial harm. Do you see that? 22 A. Some environmental harm, not -- 23 Q. Yeah, environmental harm. 24 A. -- financial . 25 Q. I 'm sorry. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page Nu.003143 Page 54B 1 A. Yes, I see that . 2 Q. And were there any studies that you conducted or 3 hired any consultants to do any studies to verify that 4 allegation? 5 A. No, I did not . 6 Q. All right . You also talk about the quality of 7 life, paragraph 5 on page 1353 . Do you see that? 8 A. Yes, I do . 9 Q. You identified potential loss of forest and its 10 potential native plant and animal species . You also 11 identified noise, traffic, real property impasse, loss of 12 potential sense of security. Do you see that? 13 A. Yes, I do. 14 Q. Did you -- was that allegation based on any 15 independent studies or consultants that you -- 16 A. No. 17 Q. Let me go on to the next area . We ' re now looking 18 at pages 1960 through 1999. This is a Power Point 19 presentation, Connections Charter School issues that you 20 made before the Windward Planning Commission . Pages 1960 21 and 1999 . 22 A. Okay. 23 Q. Before you gave this Power Point presentation to 24 the Windward Planning Commission, you were sworn under 25 oath to tell the truth; isn ' t that right? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page No.605144 Page 549 1 A I believe so, yes . 2 Q. And you took that oath seriously? 3 A. Yes . 4 Q. All right . On page 1966, you identified land use 5 entitlement process should -- that it should be a State 6 land use boundary amendment, not a special permit . Do 7 you see that? 8 A. Yes . 9 Q. Did you assist Terence Yoshioka in writing his 10 written testimony and submissions to the Windward 11 Planning Commission? 12 A. No. 13 Q. Did you provide him with any information? 14 A. We talked about it, so 1 don' t know what 15 information he may have discerned as a result of our 16 conversation. He had a copy of the environmental 17 assessment and the application. And 1 don' t recall when 18 1 -- whether I had made a copy personally for him or 19 whether he had secured it through another source, but the 20 direct answer to your question is no, 1 did not assist 21 him or prepare his testimony. 22 Q. All right . If you look at the next page, page 23 1967 . Do you see that? 24 A. Yes . 25 Q. And it says in the first well, it says school ........... ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (8 0 8) 933-9800 .� SPP No. 12-000138 Faye No.003145 Page 550 1 situated in State land use urban and not agricultural 2 district. Do you see that? 3 A. Yes . 4 Q. And then it also says, "Recently constructed 5 schools, Kealakehe, Keaau, Kamehameha School all in the 6 SLU, State Land Use urban district. " Do you see that? 7 A. Yes . 8 Q. Isn' t it true that Kamehameha Schools, Keaau, is 9 actually in a State land use agricultural district? 10 A. I 'm not sure . 11 Q. All right . 12 A. But my understanding is that it is in the urban 13 district . They had initially applied for a special 14 permit and they were mandated to come in for a boundary 15 amendment. Whether in fact they did, I 'm not really 16 sure. 17 Q. Let me show you what ' s been entered into evidence 18 as Exhibits A24 , 25, 27 and 28 . If you could look 19 through all four exhibits and when you' ve looked through 20 them, let me know, and I have a few questions I 'd like to 21 ask you based on them. 22 A. Okay . 23 Q. In terms of the statements you make on page 1967 24 of the Planning Commission record, those statements 25 regarding Kamehameha Schools being in a State use -- ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Paye No.865t4-&- Page 551 1 State land use urban district, that ' s not true, isn' t 2 that right? 3 A. Well, without getting more information relative 4 -- in a subsequent correspondence to the January 7, 2000, 5 I can ' t necessarily say that it ' s not true, but just 6 based on whatever you presented then, if this is correct, 7 whatever exhibits you provided me, then it is what I 8 represented then including Kamehameha Schools, it ' s not 9 entirely accurate . A portion of it is within the urban 10 district and portions of it are not . 11 Q. And a large portion of it, in terms of Kamehameha 12 Schools in Keaau, you would agree is in the State land 13 use ag zone, isn' t that right? 14 A. I can' t really say that because looking at the 15 map, I don' t know where the school facility is relative 16 to one of your exhibits which shows the distinction 17 between the ag and the urban area. 18 Q. Well, let ' s start with A24 in evidence . A24, you 19 recognize, don' t you? That' s the light green -- 20 A. Are you referring to this? 21 Q. Yes, the designations in the exhibits that you 22 hold in your hand are in the back. 23 A. Okay. 24 Q. So if you look at A24, you ' re familiar with this 25 type of map based on your training and experience; isn' t ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page No.005147 Page 552 1 that true? 2 A. Yes, I am. 3 Q. And I ' ll represent that the dark bolded black 4 area is the Kamehameha Schools Keaau boundary. Do you 5 see that? 6 A. Yes . 7 Q. What does the green area represent in the State 8 land use boundary map? 9 A. Agriculture . 10 Q. And what does the pink area represent? 11 A. It would seem urban. 12 Q. Let ' s take a look at Exhibit 25 . Do you 13 recognize that? 14 A. That ' s the County zoning map. 15 Q. And in terms of the County zoning map, what does 16 it indicate? I ' ll again represent the bolded black area 17 indicates Kamehameha Schools, Keaau. What does that, the 18 County zoning map, indicate with respect to the land use 19 designation? 20 A. That ' s in the agriculture, 20 acres , 21 Q. So, again, it ' s fair to say that what you' re 22 saying in terms of the -- what you were sworn to testify 23 to under oath at the Windward Planning Commission that 24 appears at 1967, page 1967, that is not true, correct? 25 A. Relative to the Kamehameha School portion, I ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (806 ) 933-9800 SPP No. 12-000138 Page Nu.00514 Page 553 1 would have to stand corrected. You are correct. 2 Q. In terms of page 1969 going through 19 -- page 3 1970, you identify some concerns regarding the Planning 4 Department ' s recommended rationale. And on page 1970, 5 in spite of the soil classification, site has other 6 agricultural potential . You identify forestry, citrus . 7 The document speaks for itself . 8 My question is, based on this page at 1970, 9 you' re aware that the school is intending to perform all 10 these functions on their property as part of the school 11 curriculum, right? 12 A. That ' s my understanding. You' re going to have 13 some agricultural component associated with the school . 14 Q. They plan to do forestry, they were planning to 15 do floricultural crops . They' re planning to do non-soil 16 based ag, and they' re also keeping the upper parcel, the 17 upper mauka parcel open space . That ' s fair to say, 18 right? 19 A. Um, I know the mauka portion, based on the 20 revised plan, is intended to be left an open space . As 21 far as the specific activity on the makai side, I can' t 22 really say what level of agricultural activity is being 23 proposed, quite honestly. 24 Q. All right . I ' d like you to turn to your 25 testimony at page 1972 . And if you could also look at -- ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No.603 1 Page 554 1 jump ahead to page 1320 . This is the testimony you 2 submitted by Mr. Yoshioka. Basically, on page 1320, 3 excuse me, on page 1320, he makes the statement and I 'm 4 paraphrasing this . Schools are not permitted in an 5 ag-zoned area . Did you provide Mr. Yoshioka with that 6 information? 7 A. No, I think he ' s an intelligent enough attorney 8 and former judge that he can do his own research and 9 arrive at his own conclusion. 10 Q. All right . On page 1974 and I -- just for the 11 record, I just have a few more questions . On page 1974 12 of your testimony to the Planning Commission, you said 13 the location is not within an agricultural or needed to 14 support an agricultural community. Do you see that? 15 A. Yes . 16 Q. Then it goes on to say, this area is in an urban 17 slash residential community, not an agricultural 18 community. You see that also? 19 A. Correct. 20 Q. What is your current zoning for your house? 21 A. It ' s -- the Pacific Plantation subdivision where 22 I, together with a number of other residents, reside is 23 currently zoned ag 1, and the State land use designation 24 is agriculture . 25 However, we all know that a lot of times the ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (608) 933-9800 ti SPP No. 12-000138 Page Na.665150 Page 555 1 actual zoning and State land use designation do not 2 necessarily correspond to the actual use of the 3 properties . 4 Q. On page 1977 through and including pages 1961, 5 you' re now identifying certain criticisms or concerns you 6 have regarding Mr. Rowell ' s TIAR. Do you see those? 7 A. Yes . 8 Q. And, again, it ' s fair to say that you did not 9 hire a independent traffic engineer or any traffic 10 engineer to verify the statistics and concerns that you 11 raise here? 12 A. No. 13 Q. On page 2114 -- on page 2114, this is another 14 Power Point presentation you made to the Windward 15 Planning Commission. Do you see that? 16 A. Yes, I do. 17 Q. And this is a Power Point presentation that you 18 put together personally? 19 A. Yes, with the help of others within the 20 community. 21 Q. And, again, you were sworn under oath before you 22 testified and presented this Power Point presentation? 23 A. Correct . To provide information to the best of 24 my knowledge . 25 Q, You characterized the school as a festering sore; ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (806) 933-9600 SPP No. 12-000138 Page Nu.805151 Page 556 1 is that right? 2 A. No, I 'm saying -- not the school . I 'm saying the 3 relationship is a festering sore . 4 Q. Are you denying -- let me ask this question. 5 Are you aware of anyone -- are you aware of anyone who 6 vandalized the school by putting bumper stickers, No 7 Connections bumper stickers up at the school at the Kress 8 Building? 9 A. No, I 'm not . 10 Q. Are you aware of a website, No Connections 11 Ever . com? 12 A. I don' t know what the website is, but I 've been 13 receiving a lot of email regarding the Connections 14 school. And, you know, whether the server is actually No 15 Connections . com, I 'm not sure . I can look at it. 16 Q. Do you know who sponsored or paid for that 17 website address? 18 A. I don' t know who sponsored or paid for it . 19 Q. In terms of the EA process, environmental 20 assessment process, you' re aware of that process based on 21 your experience and profession, correct? 22 A. Generally, yes . 23 Q. And you've gone through that process a number of 24 times? 25 A. Yes . ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page MU-005152 Page 557 1 Q. So you' re familiar generally with the procedures, 2 the deadlines, the response times associated with 3 generally in the environmental assessment, right? 4 A. Generally, correct . 5 Q. Isn' t it true that you -- at no time did you 6 submit any responses or concerns with respect to the 7 proposed EA in this particular application? 8 A. Yeah, I did not. 9 Q. Are you willing to sit on the campus design 10 committee of the Connections Charter School to help 11 minimize any future impacts should the school be located 12 at the Kaumana site? 13 A. Well, probably -- I would have to qualify my 14 response by noting that it would be yes, subject to three 15 conditions, I guess . 16 Like one is that provided that I have the time 17 because I 'm still employed, self-employed, and I do 18 considerable community work and I 'm trying to transition 19 into a semi-retirement phase so I got to just -- try to 20 balance it out . So time is the number thing. 21 The other thing too is like how the existing 22 neighborhood or my neighbors are going to feel . You 23 know, if they basically feel that they' re totally against 24 the project and then I 'm there assisting it, I 'm going to 25 feel like I 'm a rat fink. So I think I 'm going to feel a ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page 558 1 little bit uncomfortable about serving -- you know, 2 serving on such a committee . 3 And last of all, of course, is that there ' s been 4 some uncalled for, in my opinion, you know, negative 5 aspersions casted towards my way -- in booting and all 6 that stuff so I think that, you know, unless there ' s some 7 change in the attitude on the part of like who I 'm going 8 to be working with, I think it' s going to be difficult 9 emotionally for me to get involved. 10 Q. All right, I understand your concern. Are you 11 developing or consulting with any other active projects 12 in the Kaumana area? 13 A. If I 've consulted with or am I -- do I have any 14 -- 15 Q. Participating in any developments in the Kaumana 16 area. 17 THE HEARINGS OFFICER: Are you asking at the 18 present time? 19 MR. HONG: Yes . 20 THE WITNESS : And when you say like participating 21 in a sense like from a real estate investment standpoint 22 or are you referring more to -- as my role as a planning 23 consultant? 24 BY MR. HONG: 25 Q. I 'm referring to your role as a planning ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page NIU.0015)154 Page 559 1 consultant . 2 A. I don' t have any active clients up in the Kaumana 3 area. 4 Q. In terms of the Pacific Plantation subdivision, 5 what was your role in that subdivision development or 6 what ' s your role in that development? 7 A. In the subdivision within which I live in? 8 Q. Yeah, were you the planning consultant on that 9 particular subdivision? 10 A. No, I believe that the subdivision was approved 11 while I was working for the County. I don' t know whether 12 I was the deputy or planning director at that time so -- 13 Q. And did you participate financially in that 14 particular subdivision in any way? 15 A. Oh, absolutely not . It would have been a 16 conflict . 17 MR. HONG: Thank you. No further questions . 18 THE HEARINGS OFFICER: Mr . Siu, any questions? 19 MR. SIU : I have no questions . 20 THE HEARINGS OFFICER: Ms . Self? 21 MS . SELF: No questions . 22 THE HEARINGS OFFICER: Mr. Gomes? 23 MR. DOMES : I have a few questions . 24 CROSS-EXAMINATION 25 BY MR. COMES : ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 P due No.(303 tffr- Page 550 1 Q. Mr. Fuke, can you briefly describe your 2 educational background and work experience? 3 THE HEARINGS OFFICER: Mr. Gomes, I 'm going to 4 ask you to be specific. He already -- he already 5 testified as to his educational background. If you have 6 specific questions, then you can ask specific questions; 7 otherwise, this is repetitive . 8 BY MR. COMES : 9 Q. Are you familiar with the general location of the 10 proposed Connections Charter School development in 11 Kaumana? 12 A. Yes, I am. As a matter of fact, the site is -- 13 I would say like within 500 feet of our property. 14 Q. How would you characterize your neighbors ' 15 position of this proposed development? 16 MR. HONG: Objection. Calls for hearsay and 17 speculative . 18 THE HEARINGS OFFICER: I 'm going to allow the 19 question if he can answer it . 20 THE WITNESS : Sure. Based on the meetings that 21 I 've had with members of the community, my sense is that 22 they' re not happy campers with the project, the proposed 23 development . 24 BY MR. GOMES : 25 Q, The applicant ' s attorney sent an email to all ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page NU.6831 58 Page 561 1 parties stating that you were directly bankrolling this 2 litigation. Can you please confirm or deny this 3 allegation? 4 A. It ' s absolutely false . I mean, you know, I may 5 have written a $200 check to enable you, Mr. Gomes, to 6 become a party to the proceedings and for which I was 7 fully reimbursed by -- from the community themselves . 8 So I think that all things considered, if you 9 call bankroll -- if you call like less than $100 of cash 10 contribution to the quote, unquote, the cause, and if 11 you ' re calling that the bankroll, then I guess I would be 12 bankrolling, but I think that if you include my time and 13 you know the energies involved, it has been rather 14 costly. But in terms of financial output, I don' t say it 15 was more than $100 . 16 Q. Are you getting paid to be here today? 17 A. No, I 'm not . 18 Q. So are you basically losing money by being here 19 today? 20 A. Yes . 21 Q. How would you become -- how did you become 22 involved with this application? 23 A. Well, initially, there was a community meeting. 24 You know, there was a -- there was a meeting called by 25 the applicant to discuss the project, and I just kind of ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page No.065 11 51-1 Page 562 1 sat in and listened. And I felt that -- at that point in 2 time, like because my occupation really deal with land 3 use matters that as a general practice, you know, I don' t 4 want to testify for or against any project. You know, 5 but -- and so I felt that as the questions came up, you 6 know, by members of the community whether it was from you 7 or others like our neighbors that were asking questions 8 about the process, I ' ve felt like okay, I could, you 9 know, get involved by Providing some of what I know in 10 terms of the process and some of the concerns and provide 11 guidance in that respect. And I felt that I wanted to 12 limit myself only to that particular role. 13 However, when things got a little bit more 14 personal, then I felt that I got to get involved a little 15 bit more . And when you talk about a little bit more 16 personal, the personal thing had occurred at a community 17 meeting that I had organized for a project about a year 18 and a half ago. And this was for the Regency project 19 where one of the applicants came up to me after the 20 meeting and actually threatened me and by saying, look, 21 if you are the ringleader for this project and if you 22 don' t back off, then I 'm going to have everybody that we 23 know of to come out and testify against your project. 24 And I felt at that time I was being booted, I was 25 being threatened. I had asked my consultant -- I had ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (BOB ) 933-9800 SPP No. 12-000138 Page Na.865 158 Page 563 1 asked my client at that point in time, look, if you want 2 me to step away, I ' ll step away, and my client basically 3 said, no. And then I had asked my client also what was 4 the discussion between you and this individual . 5 Actually, it was Mr. John Thatcher, and my client 6 basically said -- he said the same thing. So I said, you 7 want me to walk away, I ' ll walk away. I have no problem. 8 And he said, no, stay on, and let ' s kind of keep on 9 moving. So it became like -- and then there was like 10 some -- I think a newsletter that came out that didn' t 11 use my name, but everybody knows that I was the angry 12 resident, and I wasn' t angry. 13 And again, as I mentioned earlier, at the 14 beginning part was I was just trying to -- just to share 15 whatever I know to the community to people like yourself 16 and the rest of my neighbors because I felt like you guys 17 were -- you had elected on your own not to retain an 18 attorney and it was going to be cost involved, and I felt 19 that I had a little bit that I could share . And that was 20 how I felt that my role was going to be, but because of 21 all of what had happened since the June or May meeting 22 that we had and all of these other things, the negative 23 things, calling me about bankrolling and all that stuff, 24 you know, my role then came from more like one of an 25 advisory -- it kind of like morphed to a -- to a position ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page pla.603159- Page 564 1 where like I felt like I needed to get more involved. 2 Q. Did John Thatcher ever offer an apology to you? 3 MR. SIU: Objection, relevance. 4 THE HEARINGS OFFICER: I ' ll sustain the 5 objection. 6 BY MR. GOMES : 7 Q. Why did you agree to provide assistance to me on 8 this matter? 9 A. Well, first of all, you asked. And in addition 10 to that, I just felt like -- and you didn' t want to 11 expend any more resources than needed to retain the 12 services of an attorney because I had shared with you and 13 others within the community that if you go through a 14 contested case process, that it would generally be 15 beneficial to have an attorney represent you and -- but 16 then the decision was made on your -- for your own 17 reasons, you said no, I 'm not going to have an attorney. 18 And so I felt that well, okay, I ' ll try to help 19 you as much as I can. And that ' s the reason why I had at 20 the first -- you know, at the prehearing conference, I 21 attended the meeting and I basically represented, you 22 know, to the hearing officer that I would be there just 23 to assist you to provide guidance and whatever 24 information I can. Because I have gone through like a 25 number of contested case hearing that I have some, you ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page NU.083t&�- Page 565 1 know, some measure of understanding, not like a total 2 understanding of the process unlike an attorney who have 3 -- you know, who actually take you through the whole 4 process, but having been through that, I had some general 5 understanding so I felt that I could be of some value to 6 you. 7 That ' s the reason why I decided to help you. And 8 along the way, you know, because of this -- the attorneys 9 for the developer had requested that there be this 10 witness exclusion rule, I felt that -- I feel right now 11 that you are a bit handicapped in the sense that you -- I 12 was not able to at least hear some of the testimony, the 13 direct testimonies offered and then maybe advise you to 14 say maybe you should ask this question or that question 15 and all that stuff, but that ' s all said and done so -- 16 Q. Do you -- do you feel like the fact that you were 17 subpoenaed, I had made it clear that you were going to 18 assist me was a tactic to keep you from helping me? 19 MR. HONG: Objection. 20 THE HEARINGS OFFICER: Mr. Gomes, I 'm going to 21 not allow that . I don ' t think there ' s any relevance to 22 this proceeding. 23 MR. COMES : Okay. 24 THE HEARINGS OFFICER: Please stick to the 25 application before us . ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 page NU.80S!61 Page 566 1 BY MR. COMES : 2 Q. Throughout your over 25 years of private planning 3 career, approximately how many applications requiring 4 County Planning Commission or County Council approvals 5 have you processed? 6 A. As mentioned earlier, if you average about like 7 ten a year, at least about -- I 'd say about 200 . 8 Q. During this period, have you had situations like 9 this where the directly impacted community was so against 10 a development? If so, what happened? 11 A. Well, I 've been involved like in a number of 12 projects that, you know, where you have discretionary 13 approvals, discretionary as opposed to ministerial in a 14 discretionary where it ' s like the Planning Commission or 15 the County Council they review whatever is presented and 16 sometimes it gets approved, sometimes it gets denied 17 depending on the issues that are brought up by the 18 community or agencies or whatever . 19 And so I 've been involved in a number of projects 20 that have not been approved by either the Planning 21 Commission or the County Council . And there ' ve been like 22 two projects that I 'm kind of aware of that I was 23 involved in that because of the opposition by the 24 community, that the applicant on its own and, you know, 25 had elected to withdraw. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP Na. 12-000138 Page Naaesle2- Page 567 - 1 And this is one, ironically, it was for a school 2 out in the North Kona area near Makalei subdivision. 3 It ' s in the area of Pu' ukala, and it was going to be like 4 -- again, ironically, the same type of school, you know, 5 K to 12 school with a dormitory, access coming in from a 6 single road. And the community was asking for 7 alternative access, and that was difficult to achieve and 8 at the end of the day, the applicant just felt like it 9 was not good to push it anymore . 10 I was involved in another situation in Waimea, 11 this was like for a rezoning. And by the way, the first 12 one was for a special use permit, similar to this . 13 The second one was for a small residential subdivision in 14 Waimea, and it was for like an affordable housing 15 project . And all of the neighbors came out against it 16 and the applicant in that situation felt like it was not 17 appropriate to press it and even if you get the approval, 18 then you create a really bad feeling within the 19 community. 20 So, the short answer to your question is yes, I 21 have been involved in a number of applications where the 22 applicant has, on their own, elected to withdraw or the 23 applications have been denied. 24 Q. In those situations like the one before us, what 25 is your opinion as to the developer ' s rights or ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No.603tft- Page 568 1 expectation of approval? 2 A. Well, whenever you have a discretionary, as in 3 this situation, it ' s a discretionary type of permit, 4 then there is no right . If you have like a ministerial 5 type of -- in my -- this is all in my opinion. If you 6 have like a ministerial situation where like it ' s a 7 building permit or like a subdivision or electrical 8 permit, you know, if you just meet whatever the code is 9 stating, then these are like all over-the-counter type of 10 permits that, you know, you pretty much have a right to 11 do it . 12 On discretionary permits, whether it ' s like 13 rezoning, special permits or variances, it ' s really -- it 14 would be a function of however the decisionmaker look at 15 the facts or look at the information provided and then he 16 or she would make that determination or the group, 17 whether it ' s the County Council or the Planning 18 Commission. 19 And I think that when you have discretionary kind 20 of decisions, especially like special permits, rezonings 21 or variances -- not variances, but use permits, there ' s 22 like a public hearing process . And anytime you go -- or 23 like SMA special management area permits, anytime you go 24 before the Planning Commission for those kinds of permits 25 then, there ' s a public hearing requirement . ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page NU.00-0 164 Page 569 1 And when you have a public hearing, the basis -- 2 to me, the basis for a public hearing is to enable the 3 public to express themselves and for the decisionmakers 4 to at least have the depth, the community effect of that 5 issue and then the Commission or the Council can make its 6 own decision based upon the community input. Because if 7 the community input is not important, then you really 8 don' t need to have a public hearing process and that ' s 9 why there' s a distinction between a discretionary type of 10 permit and a ministerial type of permit . 11 Q. What are your thoughts as to how a development of 12 this nature should have proceeded and why? 13 MR. HONG: Objection, lacks relevance . 14 THE HEARINGS OFFICER: I 'm going to sustain the 15 objection. 16 BY MR. COMES : 17 Q. To the best of your knowledge, in your 18 professional opinion, do you think that the proposed 19 development meets the test for a special permit? Why or 20 why not. 21 MR. HONG: Objection, calls for a legal 22 conclusion. Additionally, lacks foundation. 23 THE HEARINGS OFFICER: I 'm going to overrule the 24 objection. Mr. Hong, you opened the door so he can 25 it ' s a legitimate question. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (806) 933-9800 SPP No. 12-000138 Page p4a.6651155 Page 570 1 THE WITNESS : In my opinion, based on my 2 experience, I think that there are certain tests that the 3 application -- that there are certain tests that the 4 project can meet. Special -- certain tests of the 5 special permit criteria that can be fulfilled and others 6 cannot. And I think that from my point of view, what is 7 really important was, you know, what was the -- what ' s 8 the community' s perception as far as like perceived 9 impacts and not so much like statistical impact . 10 I mean, for example, you can look at the traffic 11 impact and you' ll have like a TIAR that says that you' re 12 going to have level of service A or level of service B 13 with or without the project, but then it doesn' t 14 necessarily address like how the community is going to -- 15 you know, the community that ' s going to be directly 16 impacted is going to feel the effects of having now to 17 have a -- you know, either a 58 percent more increase on 18 traffic along Kaumana Drive. 19 MR. HONG: Excuse me, I 'm going to object at this 20 point, and I apologize for interrupting, but this 21 response is not responsive to the question that was 22 asked. 23 THE HEARINGS OFFICER: Mr . Gomes, you' re going to 24 have to ask -- 25 MR. COMES: In his professional opinion. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No.605119ft- Page 571 1 THE HEARINGS OFFICER: Okay, I 'm not going to 2 allow a long narrative so you' re going to have to ask 3 questions and Mr. Fuke ' s going to have to answer them, 9 okay? Can you be more specific with your questions . 5 BY MR. COMES : 6 Q. Can you just shorten your answer. In your 7 professional opinion, why do you think the proposed 8 development meets the test or not . 9 A. Okay. It was already provided, I guess in this 10 thick binder, you know the -- and I had the initial Power 11 Point presentation that was given. I think that a lot of 12 it, a lot of the summary reasons I provided in that . 13 Essentially, you have -- the community is not really -- 19 the community perceives that it ' s going to be adverse 15 impact on the project . 16 From an infrastructure standpoint, there is the 17 question about whether there ' s an adequate amount of 18 water that ' s going to service the project . In spite of 19 the applicant ' s claim that they can use -- that they' re 20 proposing to use like a catchment system, there is a 21 question as far as whether, for a school of this size, 22 you get a K to 12 with a dormitory, but is the entire 23 catchment system going to be adequate . 29 The notion that they have only 9200 gallons of 25 water now and that they' re going to think about how ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (8 08 ) 933-9800 SPP No. 12-000138 Page No.003187 Page 572 1 they' re going to address the issue down the road, it ' s 2 like kicking that issue, you know, so-called kicking the 3 can down the road. 4 And I think it ' s important for the decisionmakers 5 to have that information upfront rather than having to 6 say like well, don' t worry, but do they care about it . 7 But I think, in summary, like it ' s already contained in 6 the initial Power Point presentation that I ' ve given. 9 Q. And have you experienced any form of the school 10 reaching out and doing anything for the community such as 11 possibly inviting you or the community to an open house 12 at the school that shows what they do? 13 MR. SIU: Objection, your Honor. 14 BY MR. COMES : 15 Q. Conduct cleanup in our neighborhood to show a 16 sign of good faith that -- are you aware of anything that 17 the school has done positive in the community? 18 THE HEARINGS OFFICER: Mr. Gomes, how is this 19 relevant? How is this relevant to this application? 20 MR. COMES : Mrs . Leithead-Todd had directed the 21 school to reach out to the community and try to bond with 22 the community. And the only thing they did was they had 23 one committee meeting on a work day and the principal 24 wasn' t even there . And so we went to the school and 25 there was no parking. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page Nu.063166 Page 573 1 THE HEARINGS OFFICER: Mr. Gomes, this is not 2 relevant . I 'm going to sustain the objection. 3 MR. COMES : No further questions . 4 THE HEARINGS OFFICER: Mr. Hong, do you have any 5 redirect? 6 MR. HONG: Brief followup. 7 REDIRECT EXAMINATION 8 BY MR. HONG: 9 Q. You talked about -- you just talked about kicking 10 the can down the road. You -- is it your testimony that 11 you' ve never been involved in projects that were 12 developed over phases? 13 A. No, I have . 14 Q. And in terms of when you developed and presented 15 plans or your projects to the Planning Commission or the 16 Planning Department, you identified certain phases and 17 what it would need to meet -- the infrastructure needs to 18 meet that particular phase, correct? 19 A. Yes, except that in this situation when I 20 mentioned like kicking the can down the road as it 21 relates to water, because I think that in other 22 applications even if you develop the project in phases, 23 there ' s an answer to how you ' re going to be addressing 24 the overall water needs for the project . And in my 25 estimation, that answer was not provided in the ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 page Na.663115.9- Page 574 1 application. 2 Q. The answer wasn ' t provided. When you say the 3 answer wasn ' t provided, you mean for the total build-out, 4 correct? 5 A. That ' s correct, yeah. 6 Q. And is it your testimony, based on you experience 7 that you've had, you could only get Planning Department 8 approval for projects where you can provide that specific 9 amount of water for the total project or other 10 infrastructure needs? 11 A. No, what I 'm saying is that at least the answer 12 to how you' re going to provide water for the entire 13 project is provided. 14 Q. And my question was, are you suggesting that in 15 terms of your experience that you haven' t gotten planning 16 or you' ve had Planning Department or Planning Commission 17 denials for projects where you' re only presenting the 18 project in phases and presenting those infrastructure 19 needs on those incremental phases. 20 A. I don ' t quite understand your question. 21 Q. Okay, the question is -- 22 THE HEARINGS OFFICER: Mr. Hong, I don ' t 23 understand the question so can you please rephrase it? 24 BY MR. HONG: 25 Q. My question is, have you ever received a Planning ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page 575 1 Department denial in terms of a recommendation or a 2 disapproval or denial from the Planning Commission with 3 respect to any project that you 've worked on that ' s 4 developed over phases where you 've only provided 5 information that would meet certain phases? 6 A. I don ' t recall . 7 Q. Let me refer you to Exhibit 26 that you should 8 have in front of you . It ' s a two-page document, Section 9 25-5-72 of the zoning code. 10 MR. HONG: May I approach the witness? 11 THE HEARINGS OFFICER: Go ahead. 12 BY MR. HONG: 13 Q. Oh, you got it. You found it. Do you see that 14 in front of you? 15 A. Are you referring to the portions of the zoning 16 code relating to the agricultural districts? 17 Q. Yes . 18 A. Yes, I have it before me . 19 Q. You ' re familiar with that section? 20 A. Yes . 21 Q. Section 25-5-72, Permitted Uses in an 22 Agricultural Zone. You ' re familiar with that? 23 A. Yes, I am. 24 Q. And is it fair to say that under Subsection 25 (d) 7 ) , schools are a permitted use in an agricultural ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 ,4 SPP No. 12-000138 Page No.003171 Page 576 1 zone provided they meet the permit requirements, right? 2 A. No, it ' s not as cavalier as that, as how you 3 state it . It ' s permitted -- in an ag district if you 4 have a special use permit . If it ' s a State land use 5 urban district, but you' re County zoned, if County zoning 6 it ' s ag, then you need a use permit . Both the special 7 permit and the use permit are discretionary permits and 8 there are criteria that must be addressed before they can 9 be approved by the Commission. 10 Q. And where does it say community support is one of 11 the criteria? 12 A. No, I didn' t say that community support is one of 13 the criteria. I 'm just saying that when you have a 14 discretionary permitting process such as a use permit or 15 a special permit, the purpose for a public hearing is to 16 allow the public to express their concerns or their 17 support or whatever and for the Planning Commission, if 18 it would be up to the Commission or the decisionmaker to 19 take that into account in terms of arriving at a 20 decision. 21 If it were not important, then you do not have a 22 need to have a public hearing. 23 Q. You had testified earlier regarding a meeting 24 with the community where they elected not to expend any 25 more resources and hire an attorney. Do you recall that? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 .,.,, SPP No. 12-000138 Page Nu.663172 Page 577 1 A. Yes, I made that comment, yes . 2 Q. And did you contact Mr . Alan Okamoto at any time 3 to write any of the questions or any of the documents 4 that was presented to the Planning Commission or any of 5 the questions that were asked of any of the witnesses 6 today? 7 A. No. 8 Q. Were you aware that Mr. Okamoto was doing that? 9 A. No . 10 MR. HONG: Nothing further . 11 THE HEARINGS OFFICER: Mr. Siu? 12 MR. SIU : I have no questions . 13 THE HEARINGS OFFICER: Ms . Self . 14 MS . SELF: No. 15 THE HEARINGS OFFICER: I take it, Mr. Gomes, 16 you' re done. 17 MR. DOMES : I 'm done, thank you. 18 THE HEARINGS OFFICER: Thank you. 19 MR. HONG: Oh, shoot . We did issue a subpoena 20 duces tecum to Mr . Fuke to bring documents with him. 21 THE HEARINGS OFFICER: Are you, Mr. Hong, going 22 to go through documents with Mr. Fuke right now? 23 MR. HONG: No, I wanted him to turn it over, but 24 I just wanted to review them during the recess . 25 THE HEARINGS OFFICER: Well, then he ' s not done. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 . � SPP No. 12-000138 page MU-003 115 Page 578 1 Then we ' re not done with Mr. Fuke as a witness because 2 he' s going to -- if there ' s a subpoena duces tecum and 3 you have any questions or you want any documents 4 submitted, he ' s going to be needed, and we ' re not going 5 to finish this hearing. 6 MR. HONG: I 'm not going to ask him any questions 7 on the documents . I just wanted to look at the 8 documents that he brought . 9 THE HEARINGS OFFICER: Well, we ' re not finished 10 with this hearing then. 11 MR. HONG: All right. 12 THE HEARINGS OFFICER: That ' s fine. That ' s fine 13 if you want to do that . We' ll take a lunch recess and 14 you can look at the documents and we ' ll proceed from 15 there . 16 MR. HONG: Well, Mr. Fuke, did you bring 17 documents pursuant to the subpoena duces tecum? 18 THE WITNESS : Well, what I have in here are just 19 like -- are copies of the email only. And your request 20 for providing all of the information, when I went back 21 and checked, you know, it ' s like almost like -- a little 22 less than two filing cabinets worth. And you were 23 expecting me to make five copies of two filing cabinets 24 worth of all of the things that I did over the last 25 couple of years ranging from subdivisions to rezoning and ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 ,..,. SPP No. 12-000138 Page Mu.66317'*- Page 579 1 all that kind of stuff. 2 And some of this information is proprietary. I 3 think that the request is like overly broad. I have 4 prepared a list of all of the applications that I 've 5 worked on over the last couple of years if you --- and I 6 made five copies and you can take a look at that. And if 7 you can tell me specifically what kind of information you 8 want from the file and if it ' s not proprietary, then I ' ll 9 be more than happy to produce it for you. 10 On the other hand, please note that almost all of 11 these applications, they are public record. So they are 12 readily accessible at the Planning Department or at the 13 State -- in this case, the Conservation District Use 14 Permit I worked on. It ' s either at the State Land Board 15 or at the County Planning Department . 16 THE HEARINGS OFFICER: Mr. Hong, I understand 17 you' ve subpoenaed all of the projects that Mr. Fuke has 18 worked on; is that correct? 19 MR. HONG: That 's correct . 20 THE HEARINGS OFFICER: Can you please explain how 21 other projects, not this project, are relevant to the 22 subject matter of this hearing. 23 MR. HONG: I wanted to see which projects were 24 related to the Kaumana school area where we wanted to put 25 the Connections school area. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 ,. SPP No. 12-000138 Page No.663175 Page 580 1 THE HEARINGS OFFICER: You mean in the vicinity 2 of this project . 3 MR. HONG: That' s correct. 4 THE HEARINGS OFFICER: But your subpoena didn' t 5 say that . Your subpoena asked for every projects . 6 MR. HONG: I didn' t want to leave it to the 7 discretion of Mr. Fuke to figure out -- to determine 8 what ' s relevant and what ' s not. So I wanted to do that, 9 and if it' s not relevant, obviously, I 'm not going to 10 enter it into the record. 11 THE HEARINGS OFFICER: And how do other Kaumana 12 projects have any bearing on this project? 13 MR. HONG: Well, if we ' re talking about traffic, 14 if we ' re talking about community impacts, which 15 apparently Mr. Fuke has done extensively and Mr. Gomes, I 16 think that that would also be relevant. 17 THE HEARINGS OFFICER: Okay. Do any other 18 parties have any comments on the subpoena? Mr. Siu. 19 MR. SIU : I have no comments . 20 THE HEARINGS OFFICER: Ms . Self. 21 MS . SELF: No comments . 22 THE HEARINGS OFFICER: Mr. Gomes . 23 MR. COMES : I think it ' s very inconvenient to 24 have Mr. Fuke print all of that. 25 MR. HONG: I 'm not asking that he print. Again, ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page NU.0091:78 Page 581 I I 'm going to --- 2 THE HEARINGS OFFICER: I find that the admission 3 -- I 'm going to find, based on Mr. Gomes ---- based on what 9 I 've heard up to now, I find that Mr. Fuke ' s work on 5 other projects is not relevant to the subject matter of 6 this proceeding and I 'm going to order that Mr. Fuke not 7 have to produce any of those documents . 8 So, Mr . Hong, you' re not going to be able to get 9 the documents . 10 MR. HONG: I understand. We also have emails 11 that he produced with respect to the No Connections 12 Ever . com. And that group, I ' d like to take a look at 13 those. 19 THE HEARINGS OFFICER: Any documents relating to 15 this project, I will allow to be produced, but not with 16 respect to other projects . 17 MR. HONG: All right . May I -- 18 THE HEARINGS OFFICER: Mr. Fuke, did you bring 19 those documents? 20 THE WITNESS : Yes . 21 THE HEARINGS OFFICER: Okay. Then Mr. Hong can 22 look at those documents . I guess we will recess for 23 lunch because I don ' t think we ' re done . Mr. Hong, do you 29 have other witnesses? 25 MR. HONG: I believe in terms of witnesses, we ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No.00317`7— Page 582 1 did subpoena -- we did subpoena Layne Novak and -- so I 2 am, for the record, ask and call her, and if she doesn' t 3 show up, then I ' ll at least have that on the record. 4 THE HEARINGS OFFICER: Okay. You need time to 5 look at Mr. Fuke ' s records . 6 MR. HONG: Yes . Forty-five minutes, half an 7 hour? 8 THE HEARINGS OFFICER: Well, we ' ll take a lunch 9 break for 45 minutes . 10 MR. HONG: Thank you. 11 THE HEARINGS OFFICER: It ' s about 12 : 30 so we ' ll 12 be back at 1 : 15 . 13 MR. HONG: Thank you. 14 (Recessed taken at 12 : 30 p.m. & reconvened at 1 : 20 p.m. ) 15 THE HEARINGS OFFICER: We are -- this -- we ' re 16 back in session. 17 I will note the presence of all the parties . 18 When we left, when we took our lunch recess -- before we 19 took a lunch recess, Mr. Hong was reviewing documents 20 produced by Mr. Fuke. Have you had an opportunity to 21 review those documents? 22 MR. HONG: I 'm still reviewing them, but I 'm 23 almost done. My impression, in looking at the 24 seven-eighths of the documents that were produced on -- I 25 don' t think that entering them into the record would ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 d SPP No. 12-000138 Page No.003178 Page 583 1 serve any relevant purpose concerning any of the issues 2 before the hearings officer. 3 So I don' t think that we ' ll be entering these 4 into evidence. And I have no further questions for 5 Mr. Fuke. 6 THE HEARINGS OFFICER: Mr . Hong, do you have any 7 further witnesses? 8 MR. HONG: Well, we had subpoenaed Layne Novak. 9 In talking to the process server, I know she -- her 10 husband accepted service for her. My understanding there 11 may be a procedural issue about filing the subpoena with 12 the return of service? 13 THE HEARINGS OFFICER: I should have the subpoena 14 along with the return of service, but what are you asking 15 for, Mr. Hong? If she ' s not present, what are you asking 16 for? 17 MR. HONG: Well, I note that we served her . 18 We' ve asked her to be present . She would be our next 19 witness . My understanding is she is not here. 20 THE HEARINGS OFFICER: Mr. Hong, the choices are, 21 if she is not here, it is -- and you ask for -- and you 22 want her here, the only thing that can happen is a 23 petition needs to be filed with the Circuit Court for 24 issuance of an order to show cause or contempt proceeding 25 for her to appear because I can' t issue that. Only the ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 . . SPP No. 12-000138 Page No-003179 Page 584 1 Circuit Court can, and under the State law, I have the -- 2 the Planning Commission or the hearing officer would have 3 to apply to the Circuit Court for that . 4 Are you asking for that? 5 MR. HONG: No, I just want to note for the record 6 that we subpoenaed her to be here and she has not 7 appeared. 6 THE HEARINGS OFFICER: I will so note that . 9 MR. HONG: Thank you. 10 THE HEARINGS OFFICER: Do you have any further 11 witnesses? 12 MR. HONG: I actually have a -- I was 13 anticipating calling Mr . Games, but I think I 'm going to 14 waive that at this point. I do have Mr. Thatcher who 15 would testify in rebuttal with respect to Mr. Fake ' s 16 allegations that he was threatened by Mr. Thatcher. 17 THE HEARINGS OFFICER: Well, Mr. Hong, if you 18 want to call him as a witness, you can go ahead. 19 MR. HONG: All right . 20 JOHN THATCHER 21 having been called as a witness by the Applicant, having 22 been first duly sworn, was examined and testified as 23 follows : 24 DIRECT EXAMINATION 25 BY MR. HONG: ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 Page No.003 180 Page 585 I Q. Sir, would you state your name for the record, 2 please. 3 A. John Thatcher. 4 Q. And if you'd spell your last name. 5 A. T-H-A-T-C-H-E-R. 6 Q. Were you present when Mr. Fuke testified about 7 your allegedly coming up to him after a community meeting 6 and threatening him? 9 A. Yes, I was . 10 Q. Did you do that? 11 A. I talked to him after the meeting, but I didn' t 12 threaten him. 13 Q. Did you tell him at any point that you were going 14 to bring in -- if he didn' t support the Connections 15 project, that you were going to bring in other people to 16 testify against the Regency project? 17 A. My words were, "I 'm here by myself. " If I was 1B trying to do something, I was actually talking to the guy 19 with the company that ' s building. And I said if I was 20 going do something, I would have brought a lot more of 21 the people from our school . I said I came here by 22 myself. And I guess that was perceived as threatening 23 something. 24 Q. But you never threatened him or threatened the 25 project? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 ,. SPP No. 12-000138 Page No.065101 Page 586 1 A. No. 2 MR. HONG: All right, thank you. Nothing 3 further. 4 THE HEARINGS OFFICER: Mr. Siu, any questions? 5 MR. SIU: I have no questions . 6 THE HEARINGS OFFICER: Ms . Self? 7 MS . SELF: None. 8 THE HEARINGS OFFICER: Mr . Gomes . 9 MR. COMES : No questions . 10 THE HEARINGS OFFICER: Thank you, Mr . Thatcher, 11 you ' re excused. 12 MR. HONG: We have no further witnesses or 13 evidence and rest . 14 THE HEARINGS OFFICER: Mr . Siu, anything further? 15 MR. SIU: I have nothing further . 16 THE HEARINGS OFFICER: Ms . Self. 17 MS . SELF: No. 18 THE HEARINGS OFFICER: Mr. Gomes . 19 MR. GOMES: Nothing. 20 THE HEARINGS OFFICER: Well, it ' s my 21 understanding that the parties have agreed to participate 22 in mediation. And since the parties have -- and the 23 mediator who the parties have selected, Mr. Bess, isn' t 24 here at the moment because he went to get lunch, but he 25 has been sitting here most of the morning because I ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 Page No.683182 Page 587 1 understood that you were going to attempt to start 2 mediation today in the event that there is an agreement 3 that would be incorporated as part of the record in this 4 case. 5 So I believe I cannot close the hearing until I 6 have -- we will have to reconvene after the mediation and 7 then I will close the hearing. The other thing is the 8 Commission rules -- I know the parties wanted everything 9 closed, but I don' t want to do that at this point . So I 10 am going to leave the hearing open for a short time 11 period and continue this . 12 At that point, then I will -- if there is no 13 agreement, mediation will set deadlines for submission of 14 findings of fact. Mr. Hong. 15 MR. HONG: I would suggest you reconsider that 16 decision. And the reason is that, this, as you would 17 know, process has been taking a long time with respect to 18 my client . 19 If the Court -- if you close the record at this 20 point, that triggers that 90-day period when you have to 21 submit the findings or report to the Planning Commission, 22 no? 23 THE HEARINGS OFFICER: No. What it says is the 24 Commission has 90 days from the close of the hearing to 25 make a decision; not for me to submit something unless ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808 ) 933-9800 SPP No. 12-000138 page 11U.6@318fj Page 588 1 otherwise agreed to by the parties . I looked at the 2 rules this morning . Now, it is questionable whether 3 you' ll have -- whether -- as far as -- where ' s my notes . 4 The hearing closes when -- at the end of submission of 5 evidence, briefs, and oral arguments, if any. 6 Because we ' re not doing briefs and we 're doing 7 findings of fact, it is arguable that this hearing 8 doesn' t close until the end of submission of findings of 9 fact under the Planning Commission Rules although I will 10 admit, it ' s ambiguous . If there is -- I mean I would 11 like to allow the parties, if there is an opportunity to 12 reach a consensus in this matter, to include a mediation 13 agreement, if there is going to be one as part of this 14 file hearing. 15 If there is a mediation agreement and I close the 16 hearing, I can' t include that agreement . So my 17 suggestion is we continue this hearing, maybe for two 18 weeks, a very short time period so this thing would not 19 drag on for a long time. I do agree it ' s gone on way too 20 long . I would have been happy finishing it in one day if 21 we could have . It ' s my -- I like to finish these things 22 sooner than later. 23 So can we get -- I don' t know if everybody has 24 their calendars with them. We can go off the record. 25 Let ' s go off the record while everyone looks at their ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 ., d SPP No. 12-000138 Page No.003184 Page 589 1 calendars . 2 (Discussion had off the record. ) 3 THE HEARINGS OFFICER: Okay, we ' re back on the 4 record. What we ' re going to do is we ' re going to 5 continue this hearing to January 22nd at 9 : 30 a .m. Ali 6 the parties have indicated that they' re available at this 7 time with the exception of Mr. Hong, might have a phone 8 conference that might last a little bit longer. And the 9 place for this reconvened hearing, the Planning 10 Department will advise us all where the hearing will be. 11 In the meantime, it is my understanding that the 12 parties will be participating in mediation and I believe 13 Mr. Bess should be here shortly to start the process . 14 MR. HONG: Thank you. 15 THE HEARINGS OFFICER: So we ' re recessed for 16 today. And, again, Mr. Hong, you didn' t want anything -- 17 any action taken against Ms . Novak. 18 MR. HONG: No, not by me. 19 THE HEARINGS OFFICER: Thank you. 20 (The hearing concluded at 1 : 40 p .m. ) 21 -o0o- 22 23 24 25 ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 590 STATE OF E3AWAII ) COUNTY OF HAWAII ) SS. I, Susan R. Nakamoto, CSR #237, certified shorthand reporter in the State of Hawaii, do hereby certify that the foregoing pages are a true and correct transcription of the proceedings in this matter. Dated this 13th day of January, 2014 . CERTIFIED SHORTHAND REPORTER SUSAN R. NAKAMOTO, CSR 237 SPP No. 12-000138 Page Mo. 0037M Page 591 ORIGINAL BEFORE HEARINGS OFFICER SANDRA SONG COUNTY OF HAWAII In the Matter of Connection New ) SPP-12-000138 Century Public Charter School and ) Community Based Education Support ) Services ) Special Permit Application No. ) VOLUME V 12-000138 } T R A N S C R I P T of the Public Hearing had in the above-entitled matter before Hearings Officer Sandra Song at 101 Aupuni Street, Conference Room, Hilo Hawaii . 96720 commencing at 1 : 33 p.m, on January 22 , 2014 . HEARINGS OFFICER: SANDRA SONG, ESQ. 10 Kamehameha Avenue Hilo, Hawaii 96820 REPORTED BY: M. Sharon Souza, CSR No. 184 ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 SPP No. 12-000138 age WOF Page 592 1 For the Applicant TED H. S . HONG, ESQ. 1.01 Aupuni Street 2 Penthouse Hilo, Hawaii 96720 3 and CARTER K. SIU, ESQ. 4 Deputy Attorney General 235 S. Beretania Street 5 Suite 304 Honolulu, Hawaii 96813 6 (By conference call) For the Planning AMY SELF, ESQ. 7 Director Deputy Corporation Counsel 333 Kilauea Avenue 8 Second Floor Hilo, Hawaii 96720 9 Pro Se Jeff Gomes 10 281 Edita Street Hilo, Hawaii 96720 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ISLAND COURT REPORTING & TRANSCRIPTION SERVICES {808} 933-9800 rdW-- :.:..:, _ _..... ..m.. tee.............. r.:.:e:.:,;. : ... ...._..........,..... SPP No. 12-000138 PZge NO. Page 593 1 THE HEARINGS OFFICER: Okay. Good afternoon. 2 This is a continuation of the hearing, contested case 3 hearing of special permit application number 12-000138 4 submitted by Connections New Century Charter School 5 and Community Based Education Support Services . 6 I 'm Sandra Song, and I 'm the hearings officer . `7 And would the parties please identify 8 themselves'? 9 MR. HONG: Good afternoon, my name is Ted Hong 10 appearing on behalf of C-Hess in this particular 11 matter, the applicant . 12 POR. SIU: Hi, good afternoon. Carter Siu here I13 on behalf of the charter school , Connections . 14 THE HEARINGS OFFICER: Goad afternoon. 15 And we ' ll note that Mr. Siu is appearing here via 16 telephone. 17 MR. SIU: Yes . I18 MR. COMES: I 'm Jeff Gomes . 19 MS . SELF: Deputy Corporation Counsel on 20 behalf of the planning director , 21 THE HEARINGS OFFICER: And I would also note 22 the presence of the commission staff, Planning 23 Commission staff . 24 MR. HONG: I also note the presence of the 25 John Thatcher, the principal for Connections Charter ISLAND COURT REPORTING & TRANSCRIPTION SERVICES ' (808) 933-9800 SPP No. 12-000138 Page No. Page 594 1 School . 2 THE HEARINGS OFFICER: Okay, thank you . All 3 right . 4 And since this is a contested case hearing, I 5 have to take public testimony, and I will note there 6 appears to be nobody in the audience that would like 7 to give any public testimony, but I will ask, is there 8 any public testimony to be given today? Let the 9 record reflect no response, so we will move on. 10 As I can recall, we finished all of the 11 testimony, and all of the submission of exhibits . 12 Mr . Hong, is that correct? 13 MR. HONG: That ' s correct . 14 THE HEADINGS OFFICER: Ms . Self? 15 MS. SELF: Yes . 15 THE HEARINGS OFFICER: Mr. Siu? 17 MR, SIU: Yes . 18 THE HEARINGS OFFICER: And Mr. Gomes? 19 MR. GOMES : Yes . 20 THE HEARINGS OFFICER: Since there is nothing 21 further, what I 'm going to do -- and -- does -- the 22 other thing is each party has a right to oral GJ argument . we did discuss waiving argument argument . 24 Mr. Hong, are you agreeable with that? 25 MR. HONG: Yes, thank you. ISLAND COURT REPORTING & TR2LNSCRIPTI0N SERVICES (808) 933-3800 SPP No. 12-000138 rage NO.UUJIV Page 595 1 THE HEARINGS OFFICER: Mr. Siu? 2 MR. SIU: Yes . 3 THE HEARINGS OFFICER: Ms. Self? 4 MS. SELF: Yes , 5 THE HEARINGS OFFICER: And Mr. Gomes? 6 MR. COMES : Yes . 7 THE HEARINGS OFFICER: In that case, since 8 there is no oral argument, I 'm going to close the 9 hearing at this point, and I am going to set this 10 hearing for submission of proposed findings of fact . 11 MR. COMES: Excuse me, I 'm sorry. 12 THE HEARINGS OFFICER: Yes . 13 MR. COMES: We received these e-mails . Can 14 these be submitted as evidence? Do I need to make 15 copies of them? 16 THE HEARINGS OFFICER: Well, if you want 17 something submitted as part of the record -- I jest 18 closed the hearing, but I understand you are pro se. 19 1 don ' t know what these documents are. Have all of 20 the other parties received these documents? 21 MR. COMES : This is a letter from 22 Mr. Brilhante to Sue Lee Loy, and I believe everybody 23 received it, and also an e-mail to Mr. Bess from Sue 24 Lee Loy. The parties were Ted Hong, Carter Siu, 25 Sandra Song, Sid Fuke, myself , Jeff Gomes, Darryn ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (608) 933-9800 o a•rec�mn.,m re ec...s°.s...�.,.,:s......a:. -:=.,.,E......._...,:;::;a.'s>::::::...::....:.:::::.:.::..,:.,., .,_,__.. SPP No. 12-000138 Page Page 596 1 Arai , Amy Self, Jeff Darrow, Holly Shikata. 2 THE HEARINGS OFFICER: Okay. I will note that 3 I have not -- although that e-mail was sent to me, I 4 did not open the e-mail, because I thought it might 5 have been related to mediation, so I: have not read 6 that letter or anything contained in there, although 7 there is a e-mail from Sue transmitting this letter. 8 Mr. Hong, have you seen the letter? Do you 9 have -- 10 MR. HONG: Yes . 11 THE HEARINGS OFFICER: Do you have any 12 objection? 13 MR. HONG: I have a concern, and my concern in 14 terms of mediation, we have signed an agreement that 15 anything regarding mediation would be,confidential, 16 which is standard operating procedure for any 17 mediation. So I just note 1n terms of Mr. Gomes, that 18 he may want to reconsider that . 19 THE HEARINGS OFFICER: Mr. Gomes, let me ask 20 you, and I haven' t seen the letter, is there anything 21 in the letter that would relate, not to settlement, 22 but to your case that you perceive? 23 MR. GOMES : Honestly, I don ' t know. 24 THE HEARINGS OFFICER: Is that "I don' t know" 25 or "no" ? I mean -- ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 RIF : <...<. M e8..«qG .. •. fav ".Y..c1G.>.;.... s.s:: t....._.._...>............ .. JR t.':•:",..^:::d..:e gym:;.°:e:ee::':`:(e ...:. ............>.>.>.>.<.....,.,. .. SPP No. 12-000138 Page NO. Page 597 1 MR. GOMES : I believe there might be 2 something. 3 THE HEARINGS OFFICER: If this was done as I4 part of mediation, I 'm inclined not to include it . 5 MR. GOMES: Okay. I believe this is part of I6 mediation. 7 THE HEARINGS OFFICER: Then I 'm not going to 8 include anything that was discussed in mediation as I9 part of the record -- of this record in this contested 10 case hearing, unless the parties had an agreement and 11 wanted to stipulate to the agreement . But other than 12 that , mediation should be kept confidential , and to 13 start disclosing things in mediation, outside, may 14 interfere with any settlement process, so I 'm not I15 going to include that . And I do understand that even 15 if I am closing this hearing, and setting time for 17 submission of findings of fact , that doesn' t stop the 18 parties from talking about settlement. You can still 19 do that, you ' re still free to do that at any time. If 20 settlement is reached, that ' s your good fortune . I21 So with that in mind, what I 'm doing then, is 22 this matter -- when I talked to Darryn Arai , who is 23 not here today, this matter will go --- we have ninety 24 days from the close of the hearing for the Commission 25 to make a decision, unless the parties stipulate to an I ISLAND COURT REPORTING & TRA11SCRIPTION SERVICES (808) 933--9800 SPP No. 12-000138 Page 598 1 extended time. 2 To fit within that ninety-day period, we ' re 3 going to be scheduling this for the Planning 4 Commission hearing on April 3rd, because the ninety 5 days ends at the end of April . 6 With that in mind, I 'm going to set the 1 deadline of February 12 for submission of findings of 8 fact . So each party submits their finding of fact to 9 me at the same time. The findings of fact should have 10 reference to the transcript, if you don' t have the 11 transcript, it ' s up to you to get a copy of the 12 transcript or other portions of the record. 13 I will prepare my report, and have it to the 14 parties by March 7th, which will allow you to March 15 21st to file exceptions, and another seven days, 16 March 28, for support in accordance with the Planning 17 Commission rules . So with that, is there anything 18 further we need to take up today? 19 Mr. Hong, anything further? 20 MR. HONG: Yes . Actually, given the modern 21 age, perhaps, you might be interested in also 22 accepting electronically, that way you can -- in 23 crafting your findings of tact, might be easier than 24 trying to have to type text -- straight from text . 25 THE HEARINGS OFFICER: I don' t mind that . My ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 �,m.;R. ..:.:•_ M ...,.,... ,.. x,m.rEw.m::Tw•: Y:..:;,.€ .. sr, .€ , ..:.E�,E , F..:.......... %F:mf- ,�m.:,..m a,,,mm,=,, :— ..,- m �.:,4�=:m�.ee.eeer�,-:x.s;r:::°:c:•,x.:,::>:,,-'-.... " B z'� A°4 - '%.. rkM.•;F:F:.�a_ .,.......... ... , ...Fc..b...............s...e:;:.E":;E'.:,nen...........eE ..,«....>.8..... - .......m....]�,':;«i.^<.::.:6:'.,:F.,"..:: ....,.... :. u_�..... .,..d: >>,.;..€........< ....,,.°.°.........�e..................... . SPP No. 12-000138 %go Wo 00319 Page 599 1 only concern was when I said we have electronic 2 filings when it came to exhibits, it got to be a mess . 3 So I don' t mind submission of findings of fact 4 electronically. If you want to send to me in PDF form 5 or either Word or Word Perfect form, that would be 6 helpful for editing purposes . 7 MR. HONG: That ' s fine, and just for, you 8 know, it ' s really not important, but 1 stili use 9 Word Perfect . 14 THE HEARINGS OFFICER: So do I . So do I, but 11 many people do not . So I sort of stumble along with 12 Word if I have to, but lot of people use word today, 13 but for editing purposes, it would be helpful. But I 14 would like also a copy as a PDF document, so there is 15 no question of what you have submitted. 16 MR. HONG: Very good. 17 THE HEARINGS OFFICER: And Of course, you have 18 to serve the other parties. 19 So Mr. Hong, is that okay? 20 MR. HONG: That ' s fine, thank vou. 21 THE HEARINGS OFFICER: Ms . Self? 22 MS . SELF: Yes . 23 THE HEARINGS OFFICER: Mr. Gomes? 24 MR, GOMES : Yes , 25 THE HEA,RINGS OFFICER: So that means you' re ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 .,a.a_e:...�. ...,..Y...,.x ,.vbud::avr '•:r:.: .. ..x..».....x .._._. g.,.,.,... ,..rt...:�:.:::.:.::::::.:;:;:Y:Y«a-..:. e:c..e.....':::::a:e.e•.................m........a..««.,.,.... 9>.. .'::sYe swi :. .....,.......,x. ....."...........tea�s?r r-.--.<.<... ...... ...s ..vecses:r:..a:.-.;.W,,:._..::<:.. .. , SPP No. 12-000138 -` Page No.003195 Page 600 1 filing this by the close of business on February 12 . 2 MR. HONG: Very good. 3 THE HEARINGS OFFICER: Okay. And my report 4 will -- do you want my report e--mailed to you as well? 5 I can e-mail my report to you. 6 MR. HONG: Yes, please. 7 MR. DOMES: Yes, please. 8 THE HEARINGS OFFICER: Okay. I guess that ' s 9 all. we have nothing further. 10 Thank you . 11 (The hearing concluded at 1 :42 p.m. ) 12 --000-- 13 14 15 16 17 18 19 20 21 22 2 3 24 25 ISLAND COURT REPORTING TRANSCRIPTION SERVICES (808) 933-9800 _e9':;:m"i'.:<i:•.iwp'+. 6tiF.�w a 88p..�: � ,...,._" 's[�«ak..�E'9:>:9'«e:e....�.�.q..i":;_":::.:'�;`_s;8>::::t>8>Es.:�;E�4 3 >> ." -.. "[. [.E�....E:.._E�;': .'' i3:e ei?sa3liire€b�'��vE';i E t 8 8a� '' E Ef E 3 E E!E} SEE E t E I-E E •. .> _ ' "."z,z"_ q3.3,,. W.,aia°a�°•�a��"?r ,.".,a>e,> >,._>._ ......"a E ,>..z,z,., -:.:.�-E. ,, " e> > SPP No. 12-000138 Page No. 003196 1 STATE OF HAWAII ) 2 } Ss . 3 COUNTY OF HAWAII } 4 5 I, MERCEDES SHARON SOUZA, a certified court 6 reporter in the State of Hawaii, do hereby certify 7 that the foregoing pages are a true and correct 8 transcription of the proceedings in the above matter . 9 10 Dated this 3rd day of February, 2014 . 11 12 13 14 15 16 Mercedes Sharon Souza, CSR No . 184 17 18 19 20 21 22 23 24 2 ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 W 5 p i#dq .i SFL ! t i SPP No. 12-000138 Page No. 003196A SPP No. 12-000138 CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL AND COMMUNITY BASED EDUCATION SUPPORT SERVICES PUBLIC TESTIMONY SPP No. 2-0 DR�ENRY LEE LOY ORAL �rESTIMOe Page No.1 0319738 My name is Dr. Henry Lee Loy and I live on Mele Manu Street. There is further evidence that the proposed location of the Connections Public Charter School is inappropriate. To leverage traffic congestion there is evidence that every public elementary school in Hilo has a separate one-way entrance and a separate one- way exit or two separate drop-off and pick-up paints on two different streets surrounding each school. Images and specifics are being submitted as evidence: • Kaomana Elementary School (292 students); Has a separate one-way entrance on Kaomana Drive Has a separate one-way exit on Kaomana Drive Has Second drop off and pick up point behind cafeteria • DeSilva Elementary School (429 students); Has a separate one-way entrance on 'Ainako Avenue Has a separate one-way exit on 'Ainako Avenue • Hilo Union Elementary School (487 students); Has two separate drop off and pick points: The first one on Waianuenue Ave. The second one on Kapi'olani Street • Keaukaha Elementary School (407 students); Has a separate one-way entrance on Desha Ave. Has a separate one-way exit on Desha Ave. Second access from Kawananakoa gym parking lot • Kapi'olani Elementary School (376 students); Has two drop off points: The first one on KTlauea Ave. The second one on Mohouli Street Has a separate one-way entrance on KTlauea Ave. Has a separate one-way exit on Mohouli Street • Waiakea Elementary School (877 students); Has a separate one-way entrance on Puainako Ave. Has a separate one way-exit on Puainako Ave. • Waiakeawaena Elementary School (714 students) Has three separate drop off and pick up points ; The first access on Kino'ole street The second access on KTlauea Avenue The third access is in the Andrews gymnasium parking lot. The proposed Connections Public Charter School (350 students) will have only one driveway to accommodate both entrance and exit access on Edita Street SPP No. 12-000138 Page No. 003198 located only a few hundred feet from the potentially dangerous intersection of Edita Street and Kaomana Drive. Traffic will back up and down Kaumana Drive and Edita Street causing an immediate and adverse impact endangering the lives of residents and students alike. There is additional evidence that the Traffic Impact Analysis Report, the result of a one day traffic count at the Edita St. and KaGmana Drive intersection on May 28, 2009 is obsolete, biased, and not an example of a typical school day. Documents are being submitted to provide evidence that three large schools in Hilo were already closed on that date for summer break. Those schools were the University of Hawaii Hilo, the Hawaii Community College and the Kamehameha Schools Hawai'i Campus. Over 7000 students were not in school that day thereby creating a variable that could question the accuracy of the study conducted on that date. The report stated that the future traffic growth along Kaumana Drive was expected to be minimal and that there would be no traffic growth of traffic along Edlta Street. Since the 2009 traffic impact analysis report was completed, documentation is being submitted that evidences several new subdivisions that have been or are being developed which will greatly increase traffic. They include the Department of Hawaiian Homes residential subdivision on Lawai Road, William Brillhante's proposed 45 lot subdivision at the end of Edita Street, the new 39 lot Hokulani Street subdivision and a 23 lot residential subdivision at the intersection of Kaumana Drive and the Mohouli Street extension. Construction has begun on the new 100-bed Skilled Nursing Facility and the Regency Hilo Nursing & Rehabilitation Center at 563 Kaomana Drive and the Mohouli Senior Phase I housing project at the Mohouli Street extension in lower Kaumana is nearing completion. Documentation requested from the Hawaii County Police Department is submitted showing that traffic accidents increased from 11 to 18 under Post/Beat 147 which covers Kaumana Drive and areas surrounding Edita Street in the past year. Lastly, there is evidence that "shark teeth striping " has been added to Kaomana Drive to warn drivers of the dangerous road conditions. In conclusion Madame hearing officer, the proposed location of the Connections Public School in an established residential neighborhood is inappropriate and I respectfully request that you deny the special use permit. Thank you. Respectfully Submitted, Henry K. Lee Loy , 1579 Manu Manu St. Hilo, Hawai`l 96720 SPP No. 12-000138 .may. .e��<<.�°�'• ci ........... .... Kaumana Elementary School qy... � ;::;' ;eg K-6= 292 students • Separate one-way entrance on Kaumana Drive • Separate one-way exit on Kaumana Drive • 2nd drop off and pick-up point behind cafeteria • Shark's teeth road stripe installation Nk SPP No. 12-000138 Page No. 003200 Ernest B. DeSllva Elementary School :-.'.'w�mu K-6= 429 students Separate one-way entrance on'Ainako Ave. • Separate one-way exit on 'Ainako Ave. (2) SPP No. 12-000138 Page No. 003201 Hilo Union Elementary School -6=487 students • Waianuenue Ave.Access • Kagi'olani Street Access SPP No. 12-000138 r90e_r, .: R�° ;;:� o. 003202 L^ � m '8d S 4 r� � k Keaukaha Elementary School M, K-6= 407 students Separate one-way entrance on Desha Ave. ` Separate one-way exit on Desha Ave. • Second access from Kawananakoa Gym SPP No. 12-000138 Page No. 003203 _� 3VBmem'° Tim W cis A ..iY"' m EYB".8 `�°.eC:6.mr»,:`<�i«•'«:,::.:»�.�.... m:_.:".'s�gd.-... Kapfolani Elementary School A K-6= 376 students Two drop off points o Kilauea Ave. o Mohouli Street Y 5e arate one-wa entrance 3vE p aA on Kilauea Ave. • Separate one-way exit on Mohouli Street SPP No. 12-000138 Page No. 003204 ,r Waiakea Elementary School K-5= 877 students • Separate one-way entrance on Puainako Ave. • Separate one-way exit on Puainako Ave. SPP No. 1 2-0001 38 Page No. 003205 Mn Waldkeawaena Elementary School K-5= 714 students • Kino'ole Street Access • Kilauea Street . ......m Access Andrew's Gym Parking Lot Access SPP No. 12-000138 Page No. 003206 ' I i � n ry �N � amI(r� ma f ,°� �, n .-Im nmTmnan VI rvTry Nm „f,I pp p� ,+ �y AT T .. n �+ nppp pT f 4a� rvp8� W wTyap %imto F �f N V iV ,.,F� 1R �-1 M 40 N �C N N N 10 V'tN +1 N r VI fV 07 Ifl s N Op �1O Jf V 'If �D iN 1n `I`pp V1 4t "W to yI�� N V1 N q+a Em N NtD IAtN N N 40 SIN r n � 1 HS i-I .-I �.a C NtOi � IO �ff�M T W ll1 .d m V O i Ry n 4'Dy 1Pn � m Q eq r ani t M1er1 m Ins U)N 19i Q , ' V7 r hERI ry an vl~ 4b 1D 'ry ` 4tl m E mlry `" n °+°s.a .� a;mj .+ $ .sIM r� .r w fes} i !.+'n ry n2i m$ T 3 _ m � � t r 3ry M f{ ri 9Qp r1 �p ��p Q M Qm���pp f ft CC K ccc 4w13 fO�� W�4(V1 N m m tl N �NY1 E4«I $ 4 eM 4R 10 N OI N !R IV .1 lV1 W O fV 1� IA A M' � N N • E i ie�! � 1 � W Q !ry h ty a14 ch 1p I �p N N T —4— j _ O 11j u n W a as n `�+ m m m f m � Nmr�� r urvi t m .H € Ih ,W,f •+M E a+ .ai ilD Q d T O � N 40 m «+ery r m th Q iap ry b n q� IQ N N �C Q N Y 4t N 1 W An � an N WW t �a, %D 'klm ap Ifl m "� E mf ! 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EN?N i0 K1 1D I� •-i I T +y w '� m 1n Mirk 3 I W kU�C iNfy 1G ry d F1pf kD VI i !N � i o'� � i I Inbmn w minw .�rnl� k� w '.� sae 'n iN 3 K M 1y mI p W ~ krill m,.y ri b y '•-i 4M10'1Nil m II an�m Vl�fl 10 N N 1 rliRNl m N rnE�H -M p h m O�mfn h m ry N m N 1D i1n mE m m p m ..4 .-I fkc gfln O{m w O N s 01 m N 111 w rf i1f1 1n N N m pe -f[[{N 4.4 O A M O ry p W N M1 .-I Y bf I O Qp N Ai- :m 'N{O IIII pm� mem N KJ fy fn N rl w IA V' m�m N rf r1 IN m � N � Q V W� rYl rl w�ko w r1I0I w N {� <n Q Y1 {n pp;� m pp rk O H N m m m',n m ... maflmm Y1 R Ni•-1' W H 50 m N ry 19.m NErf w xm r/ w N N Q wiQ � e1 N-M w So T{ { In f b M N .-k T Qk O Ip M n la p N N m bE�'`1[I N€.f m i1 r�i m N N ♦ Q rv'�I/f m rl M�f'• rk N .•1 pi TIII y?G r+ Q vt D O 1p d O Ely tGb rf R1 61 W mO N ��-1 ¢� Nj m N rk: f f m m m m � O+ N r� N i w .-1 N N m Q Yl< 3m fn;w, r) rti N �f i WN N N mif. 0,K4 N rl4w N W��M N < ViM 10 m� .dip',tl(1]f W Y N rel f ip In N N Q !Nn `ry f H H H N p o emi fmfl N � �ia m IN °.� K �1i oa a zxio " m [` W £kh da = z oea zd as ` I0 °sol1 zd 53 �_z lzz3a3dw -1 I0. 3 as aaacw' III a�tMxOaz_eQxx �3 ii `;l � 3333 . V S '� Sx pq Q 1p Oqp{p 1{pp �y �Vp1 �1pG 11�� Qq 1pp y m pp�y V �'.k/s-Il1 In N 1n V1�fN a!f�n� 1�!! V4 11'1 1/Q1 � 1/1 1+1 R fn llr+ Ifk kin Imn 4!1 In .moi � � m i N" SPP No. 12-000138 Page No. 003208 � JA UNIVERSITY of HAWAI'I' AWA I'l `+eArA COMMUNITY COLLEGE 2008-2009 Catalog HAWAII COMMUNITY COLLEGE 200 West Kawili Street Hilo, HI 96720-4091 INFORMATION CENTER Building 387, Manono Campus Phone: (808) 974-7611 Fax: (808) 974-7692 TTY: (808) 933-0702 ADMISSIONS OFFICE Building 379, Manono Campus Phone: (808) 974-7661 Fax: (808) 974-7692 RECORDS OFFICE Building 379, Manono Campus Phone: (808) 974-7662 Fax: (808) 974-7692 UNIVERSITY OF HAWAII CENTER AT WEST HAWAII 81-964 Haleki`i St. Kealakekua, HI 96750 Phone. (808) 322-4850 TTY: (808) 322-4856 Fax: (808) 322-4855 COLLEGE WEB SITE mw.hawaii hawaii.edu Disclaimer This catalog provides general information about Hawaii Community College,its programs and services,and summarizes those major policies and procedures of relevance to the student,The informpaion contained in this catalog is nat necessar-0y complete, For further information,students should consult .lith the appropriate unit_This catalog was prepared to provide information and dues not constitute a contract-The College reserves the right to,Without Prior notice,change or delete,supplement or otherwise amend at any time the information,requirements,and policies contained in this catalog or other documents. SPP No. 12-000138 Page No. 003209 Spring 2009 Semester Calendar Aug 15(F) Last day for international Students(living abroad)to submit complete Spring 2009 application Oct 31 (F) Last day for International Students(in the US with F•1 Visa)to submit complete Spring 2009 application TBA Payment of UH System Tuition/Fees due by 4:00 pm if you early registered (You may pay Tuition/Fees online by 7:00 pm through MyUH Portal) Dec 3 (W) Last day to submit completed applications for Spring 2009 Semester Jan 6-7(T W) Regular Registration(New,Returning,Continuing,and Transfer Students) Jan 12 (M) First day of instruction Jan 12-16(M-F) Registration changes(Adds/Drops)(in-person anytime: $5.00 fee,Online until Jan 16:no charge) NOTE: A $30.00 Late Registration fee will be charged for new registrations on or after the first day of instruction.Full Tuition Payment is due by 4:00prn an the day you register Jan 16(F) Last day to officially withdraw without owing tuition.(If you register and decide to not attend,you must officially withdraw by this date.Afterwards,students with unpaid balances will be obligated to pay.) Jan 16(F) Last day to receive 100%Tuition Refund for withdrawal from semester-length classes Jan 16(F) Last day to receive Fees Refund for withdrawal from semester-length or partial-semester classes Jan 16(F) Last day to Add semester-length classes/Last day to Late Register Jan 19 (M) Marnn LutherKing,Jr.Day(Holiday) Jan 30(F) Last day to receive 509/bTuition Refund for.withdrawal from semester-length classes NOTE: You may withdraw online from semester-length classes through Sunday,Feb I provided you have at least one class remaining this semester Jan 30(F) Last day to Withdraw from classes without a"W" NOTE: You may withdraw online from semester-length classes through Sunday,Feb 1 provided you have at least one class remaining this semester Jan 30(F) Financial Aid census date Feb 16(M) Presidents'Day(Holiday) Mar 2(M) "1"removal deadline:Student to instructor Mar 6(F) Nan-Instrucnonal Day Mar 13 (F) Last day to apply for Spring Semester Graduation Mar 20(F) Financial Aid census date Mar 20(F) Last day to submit Credit by Exam results to A&R/W.HSS OlBee. Mar 20(F) Last day to Withdraw from classes with a"W"(for semester-length classes) Mar 20(F) "I"removal deadline:Instructor to A&R/WHS5 Office Mar 20(F) Last day to submit application to Audit classes Mar 20(F) Last day to exercise CR/NC Mar 23-27(M-F) Spring Recess(No School) Mar 26 (W) Kuhi6 Dai,(Holide v) Apr 3(F) Last day to apply for Spring Semester Graduation Apr 10(F) Good Frida)•(Holiday) Apr 15 (W) Last day for International Students(living abroad)to submit complete Fall 2009 application Apr TBA Fall 2009 Early Registration for continuing students. NOTE:Information forTuition and Fees Payment will be provided with registration information. May 6(W) Last day to submit Complete Withdrawal form.([dropping you from ALL your HavvCC Spring classes) NOTE: ]f you are enrolled in parr-term class(es), the Complete Withdrawal must be done before any class is completed. May 6(W) Last day of instruction p �� May 7(R) Writing Final Exams May 8(F) Final Exams for classes that met on Fridays only throughout the semester i May 11-14(M-R') Final Examinations �h May 15(F) Hawaii Community College Commencement-]-lila May 16(S) Hawaii Community College Commencement-West Hawaii May 18 (M) Spring semester ends-,Instructors must submit grades by 12:00 noon May 31 (U) Last day,for International Students(in the US with F-1 Visa)to submit complete Fall 2009 application N OTES: 'R'denotes Thursday. 'A&R'denotes Admissions&Records Office(Hilo) II 'W H SS'denotes West Hawaii Student Services Office(WH) Academic Calendar subject to chan e. Academic Calendar 16/18/2913 09:11 180B9331' ? LU HILO REGISTRAr SPP No 8r'172--Ai/391 0 Page No. 003210 Division of Student Affaiic as4;,t�neh� Office of the Registrar +• L UNIVERSITY of HAW.AVI' HIL V T `fes! Poet-It'Pax Note 7671 Woo 1e y3 ��► � Lee From 14b G�Jt]ept Co. ice -fie Q Phow4�S� AI Phone a October 18,2013 FU Of �v 1"34�3v Fax it i� q�3-rai3(pa To Whom It May Concern: This is to certify that the Spring 2009 term began on January 12, 2009 and ended on May 15, 2009. Please feel free to contact the Office of the Registrar directly at (808) 974.7322, if you have any questions. ,;spectfully, A. Travis University Registrar 200 W Kilwili SC Hilo,Hawaii 4672o-4c4i Telephone.(008)974.77 Fax;180$193:3-0962 hi lo•hawa ii.edu An Equal OppoRunitylAlfimmve Acrion Institution 138 SchoolsKamehameha 1 2008-2009 School Year Calendar Teachers' ( days) Elementary&Middle(Trimester) High School(Quarterly) 1st Trimester days 1 st Quarter- days Students: ( ES days) 2nd Trimester. days 2nd Quarter- days ( MS days) 3rd Trimester- days 3rd Quarter days ( HS days) Ch Quarter. days Su M T W Th F S July 20 21 22 23 24 25 26 27 28 29 30 31 August 1 2 Aug 1 First day of school 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 September 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 October 1 2 3 4 5 6 7 8 9 10 11 Oct 6-10 Fall Break 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 November 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Now 11 Veterans'Dar-Holiday 16 17 18 19 20 21 22 23 24 25 25 27 28 29 Now 27-28 Thanksgiving HoWsy 30 December 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Dec.19 Founders Day-112 day 21 22 23 24 25 26 27 Dec.22-Jan-2 Christmas Break 28 29 30 31 January 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Jan 19 Martin Luther King Day-holiday 25 26 27 28 29 30 31 February 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 March 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 March 23-April 3 Spnng Break- April 1 2 3 4 5 6 7 8 9 10 11 April 1 D Good Friday-Holiday 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 May 1 2 3 4 5 6 7 8 9 10 11 12 13 14 V30 17 18 19 20 21 May 22 Las[Day K-12 24 25 26 27 28 May 23 accalaureate-HM tea-Graduation 31 May 26 Last Day for{acuity June 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 July 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2B 29 30 31 August 1 2 3 4 5 6 7 8 DATA Holidays(No School) Mother No School Days s SPP No. 12-000138 Page No. 003212 Tart Vemon Hrmaiian rangoage come of" .r e � °� �'Current Students Alum>�` i SEARCH Aboutlicille INSTITUTIONAL INSTITUTIONAL RESEARCH & ANALYSIS OFFICE RESEARCH S UNIVERSITY ofHAWAI'I SYSTEM-ACADEMIC PLANNING AND POLICY ANALYSIS OFFICE Whets New: Back to a ANNOUNCEMENT: Academic Planning and Policy a Ef ec&e immediatety,IRO's new email address will be iro-mail(QIlsts.hawaii.edu.The current email address will be inactivated by March 10,2010.Please update your email addresses to reflect the DATA change. Oats Access Portal . Changes to RaceJEthnicity Collection and Reporting IRO Dynamic Reporting View Details._. ODS Data Dictionary Discoverer Reports ..------------- MAPS _._.-.MAPS I INSTITUTION REPORTS Academic Crossover View by Headcount I View by SSH Courses Fall 2013 CENSUS lieadoount: Curriculum ---------- -- ------------ -- ---------- ------------------ - --------------------- ----------- Fall %C Fall %C Fall %C Fall %C Fall ; Enrollment 1 2013 2012 2411 2010 Facullyl5tati 111 ... 2009 m ve Finance Mgt 20,006 -2.1 20,4215; -0.0 20,429 0.5 20,337 45 20,435 Graduation and Persistence Hllo 4,043 -2--7" 4,157 0.4 4,139 15 4,079 2.6 3,974 Peer and Benchmark Groups O'ahu 2,361 18.2 1,997 20.2 1,862 13.0 1,471 104 3 .. . i °i°r .N. M,�e^=i.a�:deW .. ,: 1 Planning Information iia: A °°� T -.. Projections w91't Community Col i 3,406 -7.0 3,663: 6.5 3,917` 2.7 3,815 16.5 Students Honolulu Community College 4,368 -4.7 4,582' -0.4 4,800 -2.6 4,725 3.5 4,567'; Kapi'olani Commurdty College 8,376 -5.8 8,892' -1.5 9,023 -3.0 9,301 2.2 9,102 by Academic Year ; Ksua'i Community College 1,530 2.3 1495. 4.3 1,433' 0.4 1,428 8.2 1,345. Leeward Community College 7,978 0.2 7,960 0.8 7,895, -0.6 7,942 8.1 7,484 MAPS Resources Maui College 4,076 -7.0 4,382 -0.2 4,527 3.7 4,367 6.1 4,114 Latest Reports(last 90) Windwrerd Community College 2,799 2.111 2 741 __1.31 2,705 3.0 2,825 13.3 2,316; Discontinued MAPS reports MAPS RSS Feed View Fall 10-year historical headcount headcount and SSH taken(Fall 2003.2013) View Spring 10-year historical headcount and SSH taken(Spring 2003-2013) Other Reports Ad-hoc Studies I Special 1 Other Student Right-To-Know(SRTK) (;" Contact Us: Quick Links: Other IR Offices Unlv*mlty of Hamill REQUEST FORMSInstltutlollal Rasearoh Oflloa a Report Grid a UH Marioa Code Request Form for Academic 81nofalr Annex 2,Room 4 a Request forms a UH Hilo Program Codes 1638 Bachman Place a IRO Freeze Information a UH West O'ahu Code Request Guide Honolulu,Hawaii 96822-2301 a IRO Dynamic Reporting a Hawaii CC ODS Access Request Form a ODS Data Dictionary a Honolulu CC iro-mailClists.hawaii.edu a Kapi'olani CC REFERENCE INFORMATION 808.956.7532(Office) a Kaua'i CC SVVIR @UH Bwiki 808.956.9870(Fax) a Leeward CC Mon-Fri(excluding holidays) a Maui CC Race/Ethnicity Collection and 7:46 a.m.to 4:30 p.m.HST a Windward CC Reporting Changes ,,il ::W:::;=n_iwsalu�iL„ii Cs ,r}f ;r?�a I2 1 WV, SPP No. 12-000138 Page No. 003213 Guick Links hD KS System • • Hawaii Campus Kamehameho Schools k w 7 eLementary ............. Elementary School Wcklinks Middle School Quicklinks High School Wcklinks Hawai'i Campus The 300-acre Kamehameha Schools Hawal'i campus is located in Kea'ay eicht miles south of Hjjp in a remote, heavily forested and beautiful area. Founded in 1996the school currently students. The curriculum is directed towards preparing students for success in post-high school endeavors and a rewarding and productive life. The overall program is college preparatory with significant enhancements in career and vocational opportunities. Junior and senior students participate in a career academy program which offers skill development and career orientation in the following fields: Arts and Communication; Business and Leadership; Engineering and Design; Health and Wellness; and Science and Natural Resources. °'�xasm :.:a:•"5�°�'o�a"= .::.a�e:"'':....-" '..-':::�:�e m.�.>a. 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Sae'cE..�•.':.'�'��=�i=�-�- �s�;;Wµ €•~ 5C LA> SRR No. 12-000138 Page No. 003218 TRAFFIC ACCIDENTS The below information was obtained from the Hawaii Police Department Records Management System(RMS), the Hawaii Police Department does not keep records of a specific street or address,but does document reports by Post/Beat.The below information relative to traffic accidents was obtained by searching Beat 147 for the periods indicated below.Beat 147 cover Kaumana Drive and areas surrounding Edita Street.The mapping location of beat 147 is as follows: Beat 147—From the intersection of Waianuenue Avenue and Puu Hina Street,thence in a southerly direction along Puu Hina Street to Kaumana Drive,thence in a southwesterly direction on Kaumana Drive to Omao Street,thence continuing southeast along Omao Street extended to the center of Alenaio Stream,thence in a westerly direction along Alenaio Stream to a point which intersects with a line drawn from Mohouli Street extended, thence in a straight line in a westerly direction to a point intersecting with a line from Akolea Road extended,thence in a northerly direction along that line to Akolea Road encompassing all properties along both sides of Akolea Road to the intersection with Waianuenue Avenue and thence in an easterly direction along Wainnuenue Avenue to the point of origin. In Records Management System, under Post/Beat 147, for the dates of 10/01-20LI to 1010112012, reported traffic accidents totaled 11. In Records Management System, under Post/Beat 147, for the dates of 10/01-2012 to 10/01/2013, reported traffic accidents totaled 18. • 111 r � y. r : s � t� r p - • • • 17 dam •,r�� P-,mss.C. ��� ! _ I 1 `-T W to ', •• 4' } db �� SPP No. 12-000138 Page No. 003220 Testimony of Terence Yoshioka 1572 Melemanu Street Hilo, Hawaii 96720 Madame Hearing Officer and members of the Windward Planning Commission, my name is Terence Yoshioka and I am testifying on my own behalf as a resident of the Pacific Plantation Subdivision. In the course of my research on Special Permits, I came across a Hawaii Supreme Court case which, I believe,will offer you assistance in reaching your decision on their application. The case is Neiphborhood Board v. State Land Use Commission, 64 Haw. 265 (1982). In this action, the Hawaii Supreme Court found that a Special Permit for the development of a 103 acre recreational theme park in an agricultural district"frustrates the objectives and effectiveness of Hawaii's land use scheme." (Supra, p. 272) The Hawaii Supreme Court further stated that "[w]e do 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." (Supra,p. 273) In discussing the Special Permit process, the Hawaii Supreme Court found that"[ilts essential purpose, as explained by the Attorney General, is to provide landowners relief in exceptional situations where the use desired would not change the essential character of the district nor be inconsistent therewith." (Supra, P. 271) In essence,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. If this Commission follows the principles enunciated in the Neighborhood Board decision, I believe you will conclude that the construction of the school will be contrary to Rule 1 SPP No. 12-000136 Page No. 003221 6-3(b)(5)(f) of the Planning Commission Rules of Practice and Procedure 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. I, therefore, urge you to rule accordingly and l thank you for your time. 2 SPP No. 12-000138 Page No. 003222 TESTIMONY a' Hello, my name is Jan Yokoyama. I live at 1300 Kaumana Dr. and have lived there for over 40 years. 1 am opposed to Connections school being built due to traffic and safety concerns. i recently did an informal traffic survey on Monday, October 14 from 7-8 a.m. 1 was parked at the mauka corner of Edita and Kaumana Dr. 1 counted 93 cars coming up pass me, 220 cars going down, and 57 cars either entering or leaving Edita St. This 57-car count is unduplicated, meaning if they passed me on Kaumana Dr., 1 didn't count them. The cars coming down Kaumana Dr. were whizzing pass me and alarmed me to the point that I called Lt. Darren Horio of Community Policing to schedule the speed trailer to be placed at the corner. Hopefully, this will slow them down. Also, some of the cars coming out of Edita St. were not coming to a complete stop at the stop sign. I witnessed a near rear end collision of a car leaving Edita St. and coming upon a car leaving the driveway on Kaumana Dr. Edita St. and Kaumana Dr. are not built to handle any more traffic that the Connections school will bring. .r SPP No. 12-000138 Page No. 003223 TESTIMONY Melvin Yokota 1358 Mele Manu Street Apt A Hilo, Hawaii 46720 Madame Hearing Officer: I humbly ask that the Connections Charter School application for a special permit be denied. The information presented to date clearly shows that the Environmental Assessment is incomplete and inadequately addresses the plan to achieve full buildout of the campus. The Community has expressed concerns about traffic,water,and public safety. Yet, no solutions have been provided. Mr Hong has asked a number of community leaders if they would be willing to assist in developing mitigation measures for those concerns. While I acknowledged that I would be willing to provide input, my response was not a tacit approval of this special permit application. If they had good solutions,there would be no need to ask for help in development of mitigation measures. Mr. Hong has been straightforward in asking the Connections Consultants about how this site was selected. The answer is that the site was preselected, and the Consultants had no input into the site selection process. Mr. Hong induced his professional witnesses to acknowledge that there has not been a complete planning process done to do a conceptual worst case risk analysis to evaluate the water and traffic concerns that would result from a full buildout of the Campus. They said the campus would be phased. They have not developed answers for the what ifs such as what happens if there is insufficient water? Is a partial campus acceptable? If a well has to be developed, I see no plans for a well site, nor is there documentation as to what the DWS would require of Connections if they decide to construct the well site. Are they prepared to spend millions drilling the well,constructing pipelines, booster pumps,and reservoirs? It appears that this option has not been worked into their project funding scenarios. Without complete answers as to whether the full buildout can be achieved,the special permit application should be denied. The chances of success for this project is marginal as it now stands. SPP No. 12-000138 Page No. 003224 October 21, 2013 Contested Case Hearing RE: Special Use Permit Application - Connections Charter School The State Department of Land and Natural Resources granted a lease to Connections Charter School to build a proposed Pre-K through 12th grade campus. This lease was approved based on the school's ability to obtain all required approvals and permits. This includes permission from the County of Hawaii, via the Windward Planning Commission, to use property designated for agricultural use for non-agricultural purposes. While it would be possible for an educational facility to be built on the proposed site, we must examine all of the boundaries to determine if an educational facility would be an appropriate for the designated parcel. The County of Hawaii's General Plan outlines the framework for the development of Public Facilities such as schools, emergency services, health and sanitation, and government operations. The development of public facilities should be coordinated to effectively service community needs and maximize the effect of the public dollar. An educational facility, on the subject property does not follow the guidelines set forth in the County of Hawaii's General Plan. • The Plan outlines policies, standards and districts for planning and developing educational facilities. Section 10.2.2(d) of the General Plan states that we should "Encourage implementation of the Department of Education's 'Educational Specifications and Standards for Facilities"' (Ed Specs). For new communities, sufficient acreage in accordance with the State's Ed Specs (10.2.3(a)), must be reserved for educational facilities. Because the upper portion of the subject parcel has been deemed unusable due to the Kaumana Cave system, the lawer parcel (approximately 37 acres) does not meet the State's specification for a K-12 campus. • There are two public school complexes in the district of South Hilo. The Hilo High School complex contains nine (9) schools and serves about 5,576 students. The Waiakea High School complex is comprised of four (4) schools and serves about 4,763 students. There is a noted overcrowding of student population at the two Waiakea Elementary SPP No. 12-000138 Page No. 003225 schools, which has resulted in the need to accommodate 6th grade students at the Waiakea Intermediate school campus. The proposed site for the Connections Charter School is within the Hilo High School complex. When considering the student population, the number of schools in the Hilo Complex, and the projection of resident population by district, an additional school within the Hilo High School complex does not follow the goals and action plan set forth in the County's General Plan. The Planning Commission, on behalf of the County, has a duty to follow the outline for development set forth in the General Plan. If followed, the development of an educational facility would not be appropriate use for this parcel as an additional school in Kaumana does not fulfill a need for the community, and based on public testimony and petitions submitted, does not have the support of the community. The State approved a lease with Connections Charter School without first requiring the school to obtain all required approvals -- including the approval of a special permit from the County. Because of this, we are in a situation where we are working backwards and trying to fit a square peg into a round hole. The State's approval of the lease should not dictate the appropriateness of constructing a school on the proposed site. The County has the authority to work within its own guidelines for land use matters and should do so independently and in accordance with established rules and guidelines developed in the best interest of the people and the communities of Hawaii County. Pertinent sections of the County of Hawaii General Plan and Ed Specs are attached for your reference. Thank you for your time. Lee Botelho SPP No. 12-000138 Page No. 003226 COUNTY OF HAWAII GENERAL PLAN February 2005 Pursuant Ord. No. 05-025 (Amended December 2006 by Ord. No. 06-153, May 2007 by Ord. No. 07-070, December 2009 by Ord. No. 09-150 and 09-161, and June 2012 by Ord. No. 12-089) Supp. 1 (Ord. No 06-153) �. . SPP No. 12-000138 Page No. 003227 INTRODUCTION 1.1 PURPOSE OF THE GENERAL PLAN The Countv of Ha"aii's General Plan is the police document for the [on- range compre- hensive development of the island of Ha"aii. The purposes of the General Plan are to: • Guide the pattern of future development ill this County based on long-terns goals: • Identify the visions. %aloes, and priorities important to the people of this Count) , • Prop ide the frainework for regulatory decisions, capital improvement priorities, acquisi- tion strategies. and other pertinent go„ernnlent programs within the County organiza- tion and coordinated with State and Federal programs. • Improve the physical environment of the County as a setting for !human acti%ities; to slake it more Functional, beautiful, healthful. interesting. and efficient. • Promote and safeguard the public interest and the interest of the County as a %Nhole. • Facilitate the democratic determination of conlrriunit)' policies concerning the utiliza- tion of its natural. nlan-lnade, and human resources. • Effect political and technical coordination in co111mu111tV improvement and dexelop- Ment. • inject long-ran�ue considerations into the determination of short-rani-ye actions and im- plementation. 1.2 HISTORY OF THE PLAN General Plan studies in the County of Hawaii %vere initiated in the late 1950's and %%ere limited to particular regions of the island such as the Hilo. Kona, Koliala, Hanlakua. and Puna Districts. As such, these initial general plans lacked a coenprehensive. coordinated, and integrated overview of the entire County. The first of these studies. "A Plan for Ko- na”. Nvas conll)leted in 1060 and encompassed the districts of North and South Kona. "A Plan for the Metropolitan Area of Nilo" %%as completed in 1961 for the districts of South Hili) and Puna. "The Kohala-Hamakua Region General Plan" was completed in 1963 and covered part of the district of Noi-th Kona and the districts of North and South kohala. Ha- makua and North Hilo. These regional plans %,,ere adopted by Ordinance No. 317 in July 1965. as the General PIan for the County. The district of Ka'u xNas the onl} area in the County not co%ered bx this plan. Hawaii County General Plan 1-1 SPP No. 12-000138 Page No. 003228 §1.4;The Current General Pian Comprehensive Review Program The General Plan program is structured to investigate, analyze. and evaluate concur- rendy till aspects of the County under a common or standard methodology. The prep- aration of the General Plan im olN es the process of planning and provides the opportunity to broaden the base of citizen participation, review. and understanding. The 1971 General Plan required fiN a and ten .ear comprehensive revie«s and updates. The reN iev\s and updates are intended to maintain the dynamism and flexibility of the General Plan and to accommodate major changes and trends that may occur within the County. The County initiated a review of the Land Use Pattern Allocation Guide Map in 1978 that led to several changes to the map. Other changes included the addition of an Energy element and amendments to procedures for the comprehensive reviews and proposals for specific amendments to the General Plan. The first comprehensive ten-tear review of the General Plan �\as initiated by the Plan- fring Department in the mid-i 980's and completed with the adoption of Ordinance No. 89 142 by the Hawaii County Council on November 14. 1989. This comprehensive revision program resulted in various revisions to supporting data as well as to the indi- vidual study elements and Land Use Pattern Allocation Guide and Facilities maps. 9.4 THE CURRENT GENERAL PLAN COMPREHENSIVE REVIEW PRO- GRAM The planning process utilized for the current comprehensive review and revision of the General Pian included an assessment of the General Plan elements relative to new da- ta, la«s. and methods ofanalysis. Each study element N\as then anahzed and eNaluat- ed in relation to ali other elements. County and district goals. and the land use pattern. Potential Iti. a change in one element could affect other elements as \\ell as the land use pattern. Similarly. a change in County and district goals could potentially be reflected in all elements and in the land use patter. The comprehensive review of the General Plan gathered and assessed the data related to each element to identify present conditions and problems and future possibilities. The Study elements utilized in the General Plan included the following: Economic: Describes the human, capital, and natural resources used to produce goods and serN ices for consumption in local and overseas market,,. En_ eruN: Describes the energy situation for the County and explains the incentiN e for promoting energy conseivation and the development of indigenous energy resources includin,, solar. hind. hydrologic. and geothennal. Environmental Quality: Identifies the factors affecting the island's enYiro►u-nental quality and describes the precautions and safeguards necessary to maintain and im- 1- Hawaii County General Plan SPP No. 12-000138 Page No. 003M §1.4: The Current General Plan Comprehensive Review Program Z prove the quality of the enGironment for the physical. psychological, and social N-xeli- being of residents and Visitors. 0 C Floodini4 and Other Natural Hazards: Pertains to the conservation and protection of 0 life. improvements, and natural resources from excess runoff due to either man-made improvements. natural causes, or inundation from tsunamis and heavy seas. O Z Historic Sites: Identifies sites and buildings of historical and cultural importance. Natur leaut-•: Identities areas of unique natural beautG that are a principle asset ofthe island, and encourages programs for their conservation. preservalion. and integra- tion with other elements. Natural Resources and Shoreline,: Describes the Valuable and often irreplaceable natu- ral assets of the island and encourages programs for their proper management and pro- tection. Housing, Addresses the requirements for and the quantit), qualit), and distribution of IIOIISill", units ill the Count). This element also addresses critical housing* problems of the Confit)'. Public Facilities: Pertains to the location and distribution of facilities for education. public safety. social. health services and other government operations. Public Utilities: Describes the distribution of power, light, and water. the collection and disposal of solid xNaste and sewage; and the provision of other communication utilities that are essential to the efficient functioning of a community. Recreation: Examines the requirements of the County for active and passive outdoor actiN ities, cultural events and pastimes. as «ell as attendant facilities and areas. Transportation: Describes the requirements for air and NNater transport terminal facili- ties linking the Count) with the rest of the State and oxerseas areas. and the island's network of streets, high\xays, and roads. Land Use: Studies the relationship of human activities to the uses of land and the loca- tion. spatial relationship. and topography. Thiti element is Subdivided into the fi111o4\- ing designations according to uses: Auricu tural: Encompasses all types of agricultural endeavors and specified industrial uses. residential and ancillary comlllunity° and public and accessory uses. Commercial: Comprised of industries in the retail trade and service categories and certain non-noxious enterprises from other industrial classifications. Hawaii County General Pian 1-5 : SPP No. 12-000138 Page No. 003230 §1.4: The Current General pian Comprehensive Review program Industrial: Includes uses that ma\ not be compatible with commercial areas (such as manufacturing and processing, wholesaling, large storage and transportation facilities. po%\er plants, and government baseyards) as well as other industrial, manufacturing,,or ZP Wholesaling uses. Multiple Residential• Includes duplexes, apartments,toN\n houses and similar ty pes of residential structures and ancillary corrununity and public uses. Open Space: includes conservation lands. forest and water reserves, natural and scien- tific preserves. and potential natural hazard areas. Public Lands. Includes Federal. State. County, and University o',\ned lands. Resort: Consists primarily of areas with basic amenities and attributes that attract de- velopments of visitor accommodations and related facilities, Sin-rle-Faiiiily Residential: Consists of single-family detached houses and ancillary community and public uses. Each study element has been di\ided into sections described belo" . Introduction and Analvsis: Describes the element and summarizes findings. County- wide characteristics and features, trends, changes,and problems. as a-ell as the outlook and opportunities for the immediate and distant future. The analysis also addresses the element's interrelationships \N ith other elements. Goals: Indicates the desired long-range directions and situations enunciated by com- munity groups. officially expressed in the past or implied in governmental programs. Provides a cohesive and comprellenske frainemork for the coordination of social and economic programs and governmental effort. Policies: States the methods or strategies that should be undertaken to attain the stated goals. These are action and program oriented and invoh a the formulation of standard procedures, program e\aluation and re\ie\\,. rules and regulations, ordinances and laws. budgeting. specific projects, etc. Standards: Concerned NNith qualitative and quantitative criteria by which situations can be evaluated or benchmarks established. Standards are basically "yardsticks" or indicators. minimum conditions or ley els of quality necessary for the well-being of the Public. Courses of Action: Manv study elements require a more precise and definitive discus- sion of community concerns and problems, These sections attempt to identify specific alternatives on a conmunity. district or regional basis. -s Hawaii County General Plan SPP No. 12-000136 Page No. 003231 §1.5: County Profile Z As an aid to the understanding of the inter-relationship of the components of the Gen- 0 eral Plan. the separate elements of the General Plan may also be described as follo%N s: 0 • The Introduction and the Economic element describe the foundations and factors C that generate population and economic opportunities and growth on the island of n Hawaii. 1 0 • The Environmental Quality, Energy. Flooding and Other Natural Hazards. Historic Z Sites. Natural Beauty. and the Natural Resources and Shoreline elermews describe those natural and social conditions that influence and set parameters for develop- ment opportunities on the island. • The Housing, Public Facilities, Public Utilities. Recreation. and Transportation ele- ments describe those services, facilities. and improvements necessar}' to accommo- date the growth of population and support the economy. • The hand Use element describes the distribution. pattern. and location of the vari- ous activities addressed in the other elements of the Geueral Plan. 1.5 COUNTY PROFILE The County of Hawaii encompasses the island of Hawaii. which is the southeastern- most and largest island of the Hawaiian archipelago. The land area of the County is approximately twice the combined land area of all the other islands of the State. The island of Hawaii has a diverse climate. topography and scenic beauty. Environ- ments include dense tropical forests: majestic snowcapped mountains; active volca- noes. black, white. and Tureen sand beaches: deeply eroded valley s; and large expanses of Lrrazina [and. Each district provides a variety of settings for human activity, land and resource utilization. or wilderness areas of minimal human intrusion. The County of Hawaii has expanded into new fields of industry such as astronomN. high technology. renewable energy, health and wellness, agricultural and eco-tourism. diversified agriculture and aquaculture. The County's continuing support of research and development in these emerging fields will ensure a promising future for the is- land's ecunomN and its residents. Specific examples include the establishment of the Agricultural Research Center of the Pacific. conversion of the old sewer treatment Plant near Puhi Bay in Hilo to an aquaculture facilit3, and the construction of an agri- cu[tura[ eater*stem in Ka'u. The County's overall economic outlook remains mixed due to the Count}-'s depen- dence on the condition of the State's economy. Since 1990, the State's econom}, has been in a period of decline. While there are opportunities for expansion into neve and existint industries,external factors such as the world economy may have an impact on the County"s future econom} Hawaii County General Plan 1-7 SPP No. 12-000138 Page No. 003232 §1.7: Employment And Population Projections There is tremendous potential for expansion in other industries such as aquaculture. astronomy.renewable energy.research and development.and special events such as cultural festivals arid athletic events. 1.7 EMPLOYMENT AND POPULATION PROJECTIONS The County's General Plan is a police document that sets forth the direction for future activities on the island of Hawaii for the next fe\% decades. In order to plan for the fu- ture, it is necessary to understand both historical and future trends related to the num- ber of residents and visitors to be served and the kinds of facilities and resources needed to fulfill their needs. In traditional public planning efforts. entire plans have been based on the achievement of the projected levels of population. In many of these cases. where population num- bers are goals. plans become obsolete when the projected number of residents is not achieved or is surpassed. Thus, the population projections presented NN ithin the Gener- al flan are not intended to be used as goals. Rather. this General Plan effort uses the projected levels of population as a guideline in land use planning. The projections rep- resent what could reasonably be expected to occur in the future. The =owls. policies. standards, and recommendations of this plan are intended to be flexible enough to ac- commodate population levels belo%N or above the projections stated in this section. Employment and population projections for the County of Ha%Naii were developed throuOl. the analysis of relationships bet%Neen economic actin ity. employment. and population. The analytical approach used entails the forecasting of employ meat in ba- sic industries and the relationship that changes in employment halve upon population. Priman1 Income Generators are those industries that generate income from outside the County. Theti are assumed to be the foundation of the local econoniv and the keN to the development of the island. Priman Income Generators include agriculture. tour- ism, the manufacturing of export products. and research and development. These Pri- mat}° Income Generators. in turn. "drive" the secondary industries, or those enterprises that service the Primas, Income Generators or the local population and includes wholesaling, retailing and serN ices. The Pritnan Income Generators determine the long-run pattern of population and income growth for the Counts. Three sets of projections N%ere developed for the corn pre hensi N a revie%v program. Se- ries A. B, and C. The major variables in each of these projections were the rate of growth of the visitor industr',the construction of the proposed State prison, the expan- sion of the University of HaN%aii at Hilo, and the utilization of post-harvest treatment facilih for export agricultural products. It should be emphasized that the projections are not statements of goals. The population projections. and the stren�,th of the corre- lation beth%een primary economic aenerators and population growth, must be N ieN%ed rN ith caution. The 19$9 General Plan contained a similar set of economic and popula- 1.12 : Hawaii County General Plan �,. SPP No. 12-000138 Page No. 003233 §1.8: Population Distribution Z X 1.$ POPULATION DISTRIBUTION O From the estimates of the islandwide resident population, other estimates have been C made to project the distribution of population over the districts of the island. These are 0 not intended to be included as population achievement levels for the districts. nor as firm statements or descriptions of future conditions. They are based on assumptions of potential employment growth rates described in the pre'v'ious islandwide employment Z and population estimates, past district gro%k th trends, and trends in the distribution of population on the island. Table 1-9_ District Resident Population Distribution, Year 2020 A B C Puna 57,105 58,246 63,491 S. Hilo 48.815 49791 54,274 N Hilo 1,842 1,879 2,048 Harnakua 7.184 7.328 7,988 N.Kohala 11,053 11 273 12,289 S. Kohala 23,947 24,426 26,625 N.Kona 41.447 42 275 46.082 S.Kona 13,815 14,092 15,361 Ka'u 8,243 8,408 9,165 Total 213,452 217.718 237,323 Economic \,�cs�mcnt, PI:h Ilaktaii,lanuat 2000 Hawaii County General Plan SPP No. 12-000138 Page No. 003234 PUBLIC FACILITIES 10.1 OVERVIEW 10.1.1 Introduction And Analysis Public facilities are those service systems that are provided_ staffed, and maintained by government to directly serve the residents of the County. Public facilities include (lie sx s- tems of schools. libraries, fire stations, police stations, detention and correctional facili- ties, refuse disposal areas. harbors. and airfields. (Harbors and airfields are further described under the Transportation Element) These facilities are often located in larger towns or centrally situated areas that are in close proximity to the commercial. industrial and cultural activities of established communities. The majorit,� of public facilities that service the residents of this Count4• are managed by the State and C'ount%•. For example, the State operates the public school system. libraries, and the public hospitals. The County provides police and fire protection and solid waste disposal. Additionally. both the State and Count, maintain administrative offices on the island to serve the residents' needs. It is necessary to carefully coordinate the prox inion of public facilities in order to use them most effectively and to maximize the effect of the public dollar. It is eyuall} necessary to realize that the t),pe, quality, capacitj and location of facilities and services have a signifi- cant impact on the community. the people and the total enx ironment. 10.1.2 Goal (a) Encourage the provision of public facilities that effectively service community and visitor needs and seek ways of improving_ public service through better and more functional facilities in keeping, x%ith the environmental and aesthetic concerns of the connmunity, 10.1.3 Policies (a) Continue to seek x%-a1 s of improx ing public service through the coordination of ser- ice and maximizing the use of personnel and facilities. Hawaii County General Plan 10-1 SPP No. 12-000138 Page No. 003235 §10.1.4: Standards (b) Coordinate «ith appropriate State agencies for the provision of pi:blic facilities to seize the needs of the community. (c) Develop short and long,-range capital improvement programs and operating bud- gets for public facilities and seri ices. (d) Develop and adopt an Impact Fees Ordinance. (e) Capital improvement and Operating budgets shall reflect the goals and policies of the County General Plan. (f) Require a six-year. long-term, capital improvements budget by County Depart- ments and agencies that shall be re%ieN%ed for consistenc3 N%ith the General Plan. 10.1.4 Standards (a) Standards have been established in each of the four major groupings of public facilities. (b) The various public facilities haze been categorized into education. protective ser- vices, health and sanitation. and government operations. (c) The following are set forth for the overall provision and maintenance of public facilities in the County. 10.2 EDUCATION 10.2.1 Introduction and Analysis There are 39 public schools in the Coun() with a total enrollment of 27.557 students from kindergarten th.t'ough the 12tll grade. The schools range in size from 169 stu- dents at Haaheo to 2.180 students at Waiakea High School. There are 17 licensed pri- vate regular education schools serving a total of 2.216 students from kindergarten through the 12th grade. The number of students from kindergarten through the 12th grade on the island. public and private school complexes combined. total 30.209 or ap- proximately 20 per cent of the total island population. In 1999. the Legislature of the State of Hawaii created a new educatiMal initiative with the passage of Act 62_ SLH 1999 or --The Nex% Century Charter Schools" law. Charter schools are more autonomous with greater flexibility in decision-making,. Charter schools are excluded from many State la%%s and department rules and regula- tions. However. charter schools are public schools in that they receive public funds. These schools must still meet all applicable federal. State and County requirements and are not exempt from coliectitie bargaining. discriminatory practice laws. health and safety l i%%s and standards. and the implementation of the Hawaii content and per- formance standards. 10-2 Hawaii County General Plan SPP No. 12-000138 Page No. 003236 §10.2.1! Introduction and Analysis no C W Each charter school is responsible for selecting their ow n sites_ if a public school has r De- space available, a charter school rna% seek to enter into an arrangement e�itl� the De- n partment of Education for the use of a portion of the school's facilities. This law ak lo,vvs up to 25 charter schools to be established statewide. Thus far, charter certificates D have been issued for five schools. n F School complexes ti ith limited enrollment have not alnvat s been able to maximize ed- � ucational opportunities in comparison with the ability of larger facilities to provide a wider scope of educational opportunities. Some older schools lack adequate parking m m facilities and sufficient area for expansion and some have infrastructure and traffic r problems. m CL The Hawaii Library District is comprised of a regional fibra« in Hilo, six community C libraries in Honokaa, Kapaau, Holualoa. Kailua-Kona. Kealakeliva. and Naalehu (part-time); and six joint community-school libraries in Keaau. Mountain View, Pa- hoa. Pahala. Laupahoehoe and Waimea. Size is described by the number of volumes (books. periodicals. etc.) and range from 6.445 Volumes at Holualoa to 208.065 vol- umes in Hilo. Some library facilities will require improvements as the demand for learning and in- formation increases. %lore up-to-date facilities are also required in some areas. The University of Hawaii at Hilo (UHH), located in Hilo provides alternative higher educational opportunities within the University of Hawaii system through its \ariety of high quality certificate, baccalaureate. and masters degree programs. The 1973 "Universit3 of Hawaii at Hilo Lone Range De\elopment Plan" was updated and revised in 1981 and again in 1996. The University of Hawaii at Hilo Long Range Development plan serves as a physical planning guide for the UHH campus. The Plan emphasizes the "spine" concept that organizes all campus structures along a main pe- destrian access\xa� and assures that future development would continue in relation to the xarious existing structures. As surli, new facilities ttould he de%eloped t(mards Komohana Street. The Unixersith continues to lack adequate student mid faculrh housing. Hawaii Communih College provides access to higher education. and workforce train- ing for the entire &Lint) . The College otters an extensi\a program of certificate and associate degree programs in technical fields as well as the first th\o years of a bacca- laureate degree. The ColleLle also offers an extensive program of short-tern training programs throughout the Count)'. The community college serves the entire County with procrams on site in the communities and utilizes distance education technologies. The Long Range Dei elopmznt Plan for Hawaii ConiMLlnit%' College was appro\ed by the Board of Regents in 1996 and calls for the construction of a new' campus in Hilo Hawaii County General Plant 10-3 SPP No. 12-000138 Page No. 003237 §10.2.2: Policies mauka of Komohana Street. In West Hax%aii, 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 decree programs from other institutions in the University= Center, The Long Range Development Plan for the West HaN%aii campus of the Unix ersity of Hawaii %%as completed in 1998. The State is currenth, in the process of preparing an environmental impact statement for the initial phase of development of the rex+ cam- pus{University of Hawaii Center at West Hawaii) to be located on a 33-acre portion of a 500-acre State-owned parcel in Kalaoa, Noi-th Kona. The proposed campus, %\high will accommodate approximately 1.500 students upon completion, will be located mauka of the Queen Kaahumanu Highyvay and the Kona International Airport at Keahole. 10.2.2 Policies Educational policies relate to the proxision of facilities rather than programs. \\high are the province of the State. It is nevertheless recounized 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- cation and the Universitv 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 librar} facilities, \\here 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'Ed ucationaI Specifi- cations and Standards for Facilities.' (e) Encourage the Ha\\aii 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 I'looding and drainage problems. excessive slope and shall incorporate appropriate street and drivev<al, design and location to minimize traf- fic interference, pedestrian hazard, and enable safe and eas\ access for \ehicles. bic\cies and pedestrians. 10- : Hawaii County General Plan SPP No. 12-000138 Page No. 003238 §10.2.4: Districts MG C W (b) State Department of Education's education specifications and standards for facili- r ties. 0 on 10.2.4 Districts n n The follo«ving is an examination and analysis of educational facilities b., districts. For r 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 rn send students to an associated high school. For instance. the Waiakea High School N complex has Waiakea High School as its designated high school and Waiakea Inter- i mediate, Wai.akeawaena Elementary, and Waiakea Elementary as its feeder schools. rn CL 10.2.4.11 PUNA n 10,2,4.1.1 Profile folk 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 INIt. View Elementary School, and serves a to- tal enrollment of 2.441 students. Existing complex facilities are adequate to serve the current enrollment. The neN\ Keaau High School is being built in phases. As each phase is completed, the incoming class (i.e. freshman, sophomores, etc.) can be ac- commodated. The Keaau Elementary School is being built in a similar fashion. Thus. in a few years, the need to transport students from the Keaau and tilt. Vie-v\ area „ill not be necessary. Currently, I l th and 12th graders from Keaau commute to Waiakea High School in South Hilo. At this time, the first phase of Keaau 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 Elemental, School and serves 2323 students from kindergarten through the l2th grade level. The natural population grov,th and in-migration into the subdivisions in the area are contributing to the in- creased pressure on education facilities at the Pahoa complex. In response to these gro«th pressures. facilities ha\e been expanded to accommodate the increased enroll- ment. However, there is still overcrowding at the elementary school. The Keaau, Mt. Vire\ and Pahoa branch libraries are joint community-school facili- ties. The Keaau facility has 21.332 Volumes. The Pahoa and Mt. Viem facilities house 324.365 volumes and 18.345 Volumes. respectixelN. Both librar} facilities are inade- quate in size to meet the needs of the students and community. Furthermore. the lack ofadequate pedestrian access and parking at these facilities is an ongoing problem. Hawaii County General Plan 10-s SPP No. 12-000136 Page No. 003239 §10.2.4.2 SOUTH HILO 10.2.4.1.2 Courses of Action (a) improve existing school complexes to meet the standards established by the State Department of Education. (b) School facilities should be made available to the community for recreation and other compatible uses during after school hours. (c) Encourage the Department of Education to plan and develop school facilities as the need arises. (d) Encourage improvements to pedestrian access between the village of Pahoa and the school and library facilities. 10.2.4.2 SOUTH HILO 10.2.4.2.1 Profile The public school complexes in the South Hilo district includes hyo high schools. three intermediate and eight elementary schools. One of the intermediate schools is a combined elementary-intermediate facility sensing the kindergarten through the eighth grade lex el. The school enrollment of South Hilo is about 10.339 students. The Hilo High School complex is comprised of Hilo High School. Kalanianaole Ele- mentary and Intermediate School. Hilo Intermediate School. DeSilva Elementary School. Haaheo Elementary School. Hilo Union Elementar% School. Queen Kapiolani Elementary School. Kaunlana Elementary School. and Keaukaha ElementarN School and series about 5.576 students. The Waiakea High School complex is comprised of Waiakea High School. VI'aiakea Intermediate School, Waiakeawaena Elementar- School. and Waiakea Elementary School and has an enrollment of 4.763 Students. The facility serves students from the Waiakea, Keaau and 'fit. Vie-,v intermediate schools. A new high School in Keaau opened in 1999. Upon completion of all phases. the neer high school will serve the students From the Keaau complex. The Waiakea Intermediate School presently accommodates 6th grade students from the Waiakea Elementary and WaiakeaNlaena Elementary facilities to relieve the over- cro-wded student population. All three schools have an enrollment of 2.583 students. Traffic congestion occur in the area of the Waiakea High-Intermediate-Elementary School and the Hilo High-Intermediate-Union School-Haiti Christian (private) com- plexes where students commute to and from school twice dai15 at pearl} the same time. The areas surrounding some school complexes have practically no side%\alks or curb separations for the students' ease of access and safety. The regional library. NN ith a collection of 208.065 N olumes. is located in Hilo and is the admiuistratixe center for all the branch libraries in Ha\�aii Count. Although con%e- 10-s Hawaii County General Plan SPP No. 12-000138 Page No. 003240 §10.2.4.2' SOUTH HILO MU C W niently located. it lacks a meeting room or auditorium to conduct cultural or similar r programs. n M The Uni%ersity of Hawaii at Hilo complex has an enrollment count of 2.800 students. The main or mauka campus encompasses an area of approximately 115 acres. Ha%%aii n Conununitr College has an enrollment of 2.100 degree students and shares the cam- r pus. as %%ell as the 21-acre makai campus, located approximately IA mile a%xaa. The � mauka campus has undergone expansion over the past ten years. The makai campus is rn being renovated to accommodate some Haxxaii Community College programs until a N ne" campus can be constructed. M A recent addition to the mauka campus is the 163-acre Universit" Park, located be- a txxeen Komohana Street and the northern portion of the mauka campus. [n addition to � University Park. an additional 323 acres directl) mauka of the Park on the mauka side y of Komohana Street is expected to be transferred tai the Universit'. and xvill be Bevel- '* ohed to include a new campus for Hawaii Community College. The University also owns an additional 33 acres across Ka\\.ili Street adjacent and above Waiakea High School. These three properties are designated for University expansion. In addition. the University also uses 110 acres in Panaewa for its agriculture program. The Ed"in H. Mookini Librar\. located on the main university campus. has a collec- tion of 180,000 bound vo[urnes and other library materials, including periodicals, newspapers, audio'\.ideo cassettes and microtilrns. it has a capacity of 450.000 vol- umes and stud\, space for 800 students and faCUlt\' members. The library also houses a media production center. providing graphics and duplicating facilities as well as audio and television studios. 10.2.4.2.2 Courses of Action (a) Fncourage the establishinent of additional schools as the need arises. (b) Participate in the development of student and faculty housing for the uni\ersitN and ether joint-use facilities. (c) Pro\ide pedestrian walka\ays to and around all school complexes. (d) Support the continued expansion of the University s3 stem and the University of Havraii at Hilo and Hav aii Community College campus and encourage the con- tinuing education programs throughout the conimunit\. The transfer of State lands to the Universit' should be actively pursued. (e) Encourage continual improvements to existing educational facilities. (f) Support and encourage the strengthening of the University of Hawaii at Hilo throuu!h the transfer of appropriate colleges ai}d departments from the University ofHa\\aii at Mantra to the Universith of Hawaii at Wo. Hawaii County General Plan : 10-7 SPP No. 12-000138 Page No. 003244 §10.2.4.3 NORTH HILOIHAMAKUA (g) Encourage the implementation of existing State and University of Hawaii plans for the continued development of the "Research and Technology Park" on the campus of the University of Hawaii at Hilo. 10.2.4.3 NORTH HILOIHAMAKUA 10.2.4.3.1 Profile The Laupahoehoe High and Elementary School complex serves 250 students from kindergarten through the 12th grade level. The existing facility is adequate. as enroll- ment has been relatively stable due to the aging of the district's population. The physical disadvantages of the Laupahoehoe School facility include the steep grade and narrow access from the high%vay, the lack of adequate pedestrian walk«a}s lead- ing to the school. and the abruptness of the road junctions. The Honokaa High School Complex is comprised of Honokaa High School. Waimea Elementary and Intermediate School. Paattilo Elementary and Intermediate School. Honokaa Elementary School. and Waikoloa Elementary School and serves 3,258 stu- dents from kindergarten throu�(Ilt the 12th grade level. Honokaa High School accorn- modates students from South Kohala as %Nell as from the Hainaictia district. A traffic problem exists Nvithin the Honokaa School complex due to a through-street bisecting the campus. Vehicular and pedestrian problems also exist in Paauilo. The Laupahoehoe library is a joint community-school facility housin-_ 20,277 vol- umes. The community facility in Honokaa has 16.705 volumes. 10.2.4.3.2 Courses of Action (North Hilo) (a) Improve pedestrian and vehicular access to the Laupahoehoe and Hamaku School complexes. (h) Encourage continual improvements to existing educational facilities. 10.2.43.3 Courses of Action (H.amalcux) (a) Encourage continual improvements to existing educational facilities. (b) Encourage traffic re-routing to resolve school traffic problems. (c) Implement the Honokaa school campus master plan. (d) Encourage expansion of the present librar} facility and ser ices. 10-8 Hawaii County General Plan SPP No. 12-000138 Page No. 003242 §10.2.4.4: NORTH AND SOUTH KOHALA M 10.2.4.4 NORTH AND SOUTH KOHALA r n 10.2.4.1.1 Profile The Kohala High and Elementary School complex is comprised of Kohala High and D Intermediate School and Kohala Elementary School. The complex sen ices all of North Kohala's 994 student enrollment. The existing facilities are sufficient for the r district's needs. 4 M The South Kohala district public school is located in Waimea and accommodates an (� enrollment of 1,197 students from kindergarten through the 8th grade level. High i school students commute a distance of 16 miles to Honokaa. An additional eletnenta- R1 ry school has beets coRstructed and is in operation at Waikoloa. C' C n Department of Education is developing a master plan for Waimea School that provides M for a ne\\ elementary school. an expanded intermediate school. improved access and Q parking areas. C The Bond Memorial Librar-,- has a collection of 16.435 Vnlurnes. The Parker Memori- al community-school library. located adjacent to Waimea school is the second largest public librarn on the island. The facility has a collection of 43.309 volumes. 10.2.4.1.2 Courses of Action (North Kohala) (a) Encourage the expansion of the public school and library facilities as needs arise. (h) Encourage the Ha%Naii State Library S}-sten] to establish a public library separate from the school facility. (c) Encourage continual improvements to existing educational Facilities, 10.2.4.4.3 Courses of Action (South Kohala) (a) Encourage the expansion of the public school and librar} facilities as needs arise. (b) Encourage continual improvements to existing educational facilities. (c) Encourage the installation of«alkNNa)s to and around schools and street crossing facilities for pedestrian safety. (d) Encourage the de\elopment of State and pri\ate higher educational facilities in West Hawaii. (e) Support the de%elopment of an intermediate or middle school in Waikoloa. (f) Encourage the Hawaii State Library System to establish a public library in Waikoloa. (g) Encourage the State Department of Education to explore the feasibility of estab- lishing a high school in the South Kohala district. Hawaii County General Plan 10-9 SPP No. 12-000138 Page No. 003243 §10.2.4.5: NORTH AND SOUTH KONA 10.2.4.5 NORTH AND SOUTH KONA 10.2.4.5.1 Profile The Kona public school system is comprised of the Kona,.laena and Kealakehe High School complexes. The KonaN\•aena High School complex includes Konaltaena High School. KonaN\aena Middle School. Konawaena ElementaLy School. Hookena Elementary School., and HonaUnaU Elementary School and serves 2.882 students. Ho'okena Elementary/Intermediate and Honaunau Elementary flnternlediate kinder- garten to 8th grade may be transferred to the Kona%\aena complex due to extremely limited program offerings as only about 364 students are presently enrolled. The con- struction of a new Kona\+aena Elementary School was recently completed. The Kealakehe High School complex is comprised of Kealakehe High School. Kealakehe Intermediate School. HOILValoa Elerrientary School. Kealakehe Elementarti School,and Kahakai Elementary School. The Kealakehe High School complex series 4.053 students. Kahakai Elementary School opened in 1982 to relieve the overcrowded enrollment at Kealakehe Elementary School. However. the Kealakehe High School complex con- tinues to experience student population growth problems, It has developed separate facilities fair the kindergarten through 5th grade level and 7th through 8th grades. Tile new Kealakehe High School will serve grades nine through twelve. The Holualoa Library, located near the school, has a collection of 6.445 Volumes: Kealakekua library has 28.467 Valumes and the Kailua-Kona branch library has 47.955 Volumes. The Kailua-Kona library is inadequate in size to serve the needs of the area. The State is currently in the planning stages for the University of Hawaii Center at West Ha\\aii (UHCWH). The nevi Uniyersit, campus \\ill initially be located on a 33-acre portion of a larcer 500-acre site on the mauka side of the Queen Kaahumatnu Hioliway, directly mauka of the Kona International Airport at Keahole. upon comple- tion. the new campus is anticipated to accommodate 1,500 students. For administra- tive purposes, the UHCWH will be assigned to the Hawaii Community College at Hilo. 10.2.4.1.2 Courses of Action (North Kona) (a) Encourage expansion of the Holualoa school complex to meet school district needs. (b) Encourage the State Department of Education to add facilities as the need arises. 10-10 Hawaii County General Plan SPP No. 12-000138 Page No. 003244 §10.2.4.6. KA'U C W (c) Improve basic school facilities to meet current standards. r (d) Encourage construction (if ne%\ libran facility to serve the Kailua-Keauhou area. n Mn 10.2.4.5.3 Course of Action (South Kona) n (a) Improve basic school facilities to meet curl-ent standards. 10.2.4.6 KA'U M 10.2.4.6.1 Profile N r The Ka'u High School complex is comprised ofKa'u High School. Pahala Elementary 00 School. and Naalehu Elementary and Intermediate School. and serves a total enroll- 01 ment of 810 students from kindergarten through the 12th grade level. The overall F physical facilities at Naalehu and Pahala are adequate to serve the district needs. Pahala and Naalehu both have adequate libran facilities. Pahala is a joint community- < school library facility located within the school complex and houses a collection of 19.564 ,volumes. Naalehu's facility is located behind the local post office and hooses a collection of 7,6'1 volumes. 10.2.4.6.2 Courses of Action � (a) Encourage continual improvements to existing educational facilities. H (b) Encourage the State Department of Education to plan a K-8 School at Ocean View. 10.3 PROTECTIVE SERVICES 10.3.1 Introduction and Description Protective services consist of fire, police. detention and correctional facilities. ci\it de- fense,the Coast Guard. and National Guard armories. Fire and Emergency Medical Services There are presently 20 regular fire stations. 22 volunteer fire stations and 1 federal Fre station located throughout the island. The County is proposing a fire station in the Kalaoa-llauka area. The Pohakuloa fire station is a federally operated facility. The rzdular fire stations provide 24 hour fire fighting and emergency medical ser%ices, The Waiakea and Kailua-Kona stations provide rescue sen ices, the Kaumana station provides hazardous materials response and the South Kohala station provides air med- ical services. SUPP 1 (Ord No 06-153) Hawaii County General Plan . 1041 SPP No. 12-000138 Page No. 003245 LAND USE 14.1 OVERVIEW 14.4.1 Introduction And Analysis The General Plan expresses both the integrated and specific concerns and problems as well as alternative solutions and guidance regarding the use of County resources. Land use is one of the principal focal points of public concern and policy. The other study ele- ments of the General Plan. that depict the various aspects of the County, directly involve land use in vary ing degrees. The land use element sets forth goals, policies, and standards to guide the location and density, and building intensities of land uses in particular areas. Regional andior Commu- nity Development Plans are intended to implement the broad goals within the General Plan on a regional basis. They serve to designate and coordinate detailed development patterns and infrastructure needs throughout the County. The Plans detail land use poli- cies and infrastructure priorities. transportation, recreation and other major land use poli- cies within each area, and must be de%eloped with participation by the affected conumnities and adopted by ordinance by the County Council. The land use element is intended to be used as a polis} guide for the coordinated grm%th and development of the Count%. it seeks to accommodate growth without congestion: to designate and preserve the lands needed for residential use,commercial and %isitor servic- es. industry, agriculture. and open space: and coordinate these uses %%ith the County's ser- vice and circulation systems_ - The total. area of the island of Hav%aii is approximately 2.5 million acres or 4.028 square miles: 4.023 square miles of land and 4.4 square miles of inland water. All of these lands are di%ided into approximatelti 125.000 parcels. Previous General Plans The first General Plan for the County of Haa,aii. adopted in 1965, %%as a compilation of three separate documents: A Plan for the Metropolitan Area of Hilo. A Plan for Kona. and The Kohala-Ha►nakua Re�oion General Plan. The first General Plan provided for the gen- eral planning for all districts except Ka'u. Hawaii County General Plan ; 14-1 SPP No. 12-000138 f Page No. 003246 "s Educational Specifications (EDSPECS) For High Schools Department of Education, State of Hawaii December 2006 SPP No. 12-000138 Page No. 003247 EDSPECS for High Schools Table of Contents Table of Contents Pages CoverPage........................................................ ............................................................1 Tableof Contents............................................................................................................1 -3 Acknowledgments...........................................................................................................ii Preface................. ... Chapter 1: Introduction Section 101 General...........................................................................................101-1 Section 102 Background....................................................................................102-1 Section 103 Description of the Educational Specifications................................103-1 Section 104 Format of the Educational Specifications.......................................104-1 -2 Chapter 2: Planning Section 201 Planning Guidelines, Site Considerations, and Site Concepts for High Schools...........................................................................201-1 -5 Section 202 Functional Relationships................................................................202-1 Section 203 The Charette Process Guide..........................................................203-1 -4 Section 204 Preparation for the Charette...........................................................204-1 Section 205 The Process Before and During the Charette................................205-1 -2 Section 206 Process Diagrams..........................................................................206-1 -5 Section 207 Program and Academic Support Elements and Design.................207-1 - 5 Chapter 3: Guidelines for Spaces Section 301 Explanation of Section Format.......................................................301-1 -2 Instructional Spaces Section 302 General Classroom........................................................................302-1 - 5 (Attachment 1)-Language Arts.................................................. 1 (Attachment 2)—Mathematics.................................................... 1 -2 (Attachment 3) -Social Studies.................................................. 1 -2 (Attachment 4)-World Languages............................................. 1 Section 3024 Breakout Room ..............................................................................302A-1 -3 Section 303 Special Education Classroom........................................................303-1 -7 Section 304 Natural Resources..........................................................................304-1 -9 Section 305 Art Education..................................................................................305-1 - 11 Section 306 Business Education........................................................................306-1 -8 Section 307 Dance and Theater.........................................................................307-1 -4 Section 308 Family and Consumer Science......................................................308-1 - 13 Section 309 Industrial Arts .................................................................................309-1 -24 Section 310 Music..............................----.....................................................310-1 - 8 Section 311 Science...........................................................................................311-1 -6 Section 312 Co-Curricular Flex Space (Hold on Implementation of this component at this time)...............................................................312-1 -3 Section 313 Instructional Commons (Hold on Implementation of this component at this time)...............................................................313-1 -2 Section 314 Exterior Commons............................................. ......--............ .....314-1 -2 Section 315—340 (RESERVED) Table of Contents Pagel SPP No. 12-000138 Page No. 003248 EDSPECS for High Schools Table of Contents Chapter 3: Guidelines for Spaces (Cont'd) Support Spaces Section 341 Administrative Center.....................................................................341.1 -9 Section 341A Comprehensive Student Support System(CSSS) Space...........341A-1 -5 Section 341B Receiving/Storage Room.............................................................341 B-1 -2 Section 341C Safety Office.................................................................................341C-1 -3 Section 341D Student Services CoordinatortEducational Assistant (SSC/EA)Office........................................................................341 D-1 -3 Section 341E Student Activities Space...............................................................341E-1 -3 Section 342 Cafeteria/Food Service Center.......................................................342-1 - 18 Section 343 Custodial Service Center................................................................343.1 -3 Section 344 LibraryAnformation Resource Center.............................................344-1 -8 Section 345 Computer Resource Center...........................................................345-1 -4 Section 346 Faculty Center................................................................................346-1 -3 Section 347 Teacher Planning Center...............................................................347-1 -3 Section 348 Storage Space....................................................................... ....348-1 - 2 Section 349 Toilets.............................................................................................349-1 -3 Section 350 General Utility Closet............... ......................................................350-1 -3 Section 351 MechanicaVElectricaVMedia-Communication Roams....................351-1 -3 Section 352 Adult Education Center..........................................................352-1 -5 Section 353-370 (RESERVED) Physical Education Section 371 PE Lockers and Showers...............................................................371-1 -7 Section 372 Athletic Lockers and Showers........................................................372-1 -5 Section 373 Gymnasium....................................................................................373-1 -6 Section 374 Outdoor PE/Athletic.Facilities...............__.....................................374-1 -9 Chapter 4: Sustainable Design Criteria Section 401 Sustainable Design Criteria............................................................401-1 -2 Chapter 5: Acoustic Design Criteria Section 501 Acoustic Criteria................................................. ....501-1 - 16 Chapter B: Mechanical Design Criteria Section 601 Air Conditioning and Ventilation Systems......................................601-1 -5 Section 602 Plumbing.........................................................................................602-1 -4 Chapter 7: Electrical Design Criteria Section 701 Exterior Electrical Distribution Systems.........................................701-1 -3 Section 702 Interior Electrical Distribution Systems....-.....................................702-1 -4 Chapter 8: Multi-Media Design Criteria Section 801 Multi-Media Systems......................................................................801-1 - 10 Section 802 Utilities............................................................................................802-1 -4 Section 803 Media System Conduit Identification..............................................803-1 -2 Section 804 Telecommunication Infrastructure..................................................804-1 -4 Section 805 Cabling Specifications......................................................... ..........805-1 -6 Section 806 Testing and Inspection...................................................................806-1 -2 Chapter 9: Safety and Security Design Criteria Section 901 Safety and Security................................ . .... ............. ..........901-1 -2 Table of Contents Page 2 SPP No. 12-000138 Page No. 003249 EDSPECS for High Schools Table of Contents Chapter 10: Traffic, Bus, and Parking Design Criteria Section 1001 Traffic..............................................................................................1001-1 -3 Section 1002 Bus Safety.........................................................---.......................1002-1 -2 Chapter 11: Landscape Design Criteria Section 1101 Planting and Irrigation System.......................................................1101-1 -5 Chapter 12: Other Design Criteria Section 1201 Graphics and Signage....................................................................1201-1 -2 Section 1202 Master Key System-Implementation ...........................................1202-1 Appendices Appendix 1 High School Facilities Assessment and Development Schedule(FADS)with Design Enrollment of 1,000 Students......1 -41 Appendix 2 Glossary of DOE Acronyms...........................................................1 —17 Appendix 3 Educational Specifications Development/Revision Process..........i -3 Appendix 4 Hawaii High Performance School Guidelines................................1 -83 Appendix 5 Life Cycle Cost Calculations..........................................................1 -2 Appendix 6 Commissioning for Schools............................................................1 -2 Appendix 7 High Performance Hawaii Classroom Prototypes..........................1 -8 Appendix 8 Typical Millwork Details..................................................................1 -8 Table of Contents Page 3 SPP No. 12-000138 Page No. 003250 EDSPECS for High Schools Acknowledgments The revised Educational Specifications and Standards for Facilities for the elementary, middle/intermediate and high school was formulated with the assistance and involvement of school, district, and State Department of Education staff members, staffs of the Department of Accounting and General Services, Planning and Economic Development, Budget and Finance, and professionals in the private sector. We thank the following participants for the invaluable knowledge and assistance in this effort along with all others who may have been inadvertently left out of the list below: Helen Gokan-DOE/DLTSS/Systems Gerald Sake-Teacher,Moanalua High School Francine Grudzias-DOEfDLTSS Malia Melemai-RT-Hawaiian Immersion Carol J.Ching-DOE/Facilities Branch Sbudies Nick Nichols-DOE/Facilities Branch Russell Yamanouchi-ES/DLTSS/CSAP Ken Kajihara-DOEIFacilities Branch Glenn Tatsuno--ES/DLTSS(Counseling) Brenda Lowrey-DOE/Facilities Branch Betsy Moneymaker-ESIDLTSS Clifford Yamanouchi-DOE,Network Amy Ng-ES/DLTSS Support Services Gracie Matsuo-ESIDLTSS Rafph Morita-HAGS Planning Branch Verna Chinn-DOEIDLTSS Kerry Koide-DOE/ATR/DLTSS Dee Helber-DOE/SSSB Ron Tome-DOE/DLTSS/Oasis Dwight Toyama-DOE/DLTSS(Athletics) Bob Golden-DOE/SSSB Gene Kaneshiro-DOE/School Food Services K_Kim-DOE/Network Support Services George Okano-DOE/Transportation Lester Chuck-DOE/Facilities Branch Dan Yahata--DOE/DLTSS Carey lsobe-Dags Planning Branch Bert Yamamoto-DOEIOMS Puanani Wilhelm-DOE/Hawaiian Studies Russell Mau-Hawaii Sound Systems Debra f=armer-DOE/Special Education Bob Henniger-Hawaii Sound Systems Mike Fahey-DOE/Special Education Don Smith-Alert Alarm of Hawaii Mel Seo-DOEISafety Doug Schlief-Afert Alarm of Hawaii Rodney Goo-DOE/Safety Henry Lott-Alert Alarm of Hawaii Annette Nishikavwa-Principal,Kapolei Middle School William Baum-The Audio Visual Co. Al Nagasako-Principal,Kapolei High School Ainsley Mahikou-The Audio Visual Co. Sylvia Lee-Vice Principal,Keau High School Patrick Lee-the Audio Visual Co. Jaqueline Heupel-Moanalue High School Kart Yoshida-DOE/RM Bob Eggerston-Moanaloa High School Larry Gaddis-DOE/NSSB Caroline Wong-DOE/Student Support Services Berme Asakura-DOE/NSSB Diana Oshiro-DOEfDLTS Les Goth-DOEINSSS Diane Matsuoka-Principal,Waikele Elementary Ron Sodetani-DOE/NSSB School Lance Mitsuda-DOEINSSB Dale Castro-Vice Principal,Waikele Elementary Daijo Kaneshiro-DOE/School Library Services School Vickie Kajioka-DOE/Systems Anita Bruce-DOE/NSSB Mike Miyamura-Principal,Kapolei Elementary Neil Tomita-DOEISRB School Mary Sobelskl-DOEISRB Stanley Kayatani-DOEIKalihi Kai Lana Mito-DOE/SRB(Student Activities) Kevin Boggs-DOE/Dole Middle School Michael Barros-DOE/SRB(Voc Ed) Keith Tomishfma-DOE/OMS Valerie Kunzaki-Teacher, Kapolei Middle School Daniel Hamada-DOE/Kauai District Kathy Nishimura-DOE/SRB(Math) Superintendent Athony Calabrese-DOE/SRB(Voc Ed) Maggie Cox-Principal,CNefess Kamakahelei Andres Lined-DOE/SRB/DLTSS(Music) Middle School Stephen Kow-DOEISRB/DLTSS(Computer Lucretia Leong-DOE/TSS/Library Education) Darryl Galera-Principal,Moanalua High School Aileen Hokama-DOE Ray Minami-DOE/Facilites Branch Justin Mew-DOE(Science) Jerry Nishfda-DAGS/Project Management Anthony Chun-DOE/Leeward SRB Branch Randall riga-DOE/Safety Atian Yamanoha-DAGS/Projed Management Debbie Hatada-Vice Principal,Kapolei High School Branch Stanley Seki-DOE/Leeward District Paul Kodama-DOE/Teleschool Gillian Hong-DOE/Teleschool Acknowledgements ii �. . SPP No. 12-000138 Page No. 003251 EDSPECS for High Schools Preface ,We Shape Our Schools and Thereafter, They Shape Us." --Winston Churchill No building type has undergone greater change, in recent years, than the schoolhouse. These changes in the building are,for the most part, the symptoms of changing trends in student learning. As a dynamic reflection of the culture in which we five, 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 leaming experiences for citizens of all ages, abilities, and needs. These educational specifications have been developed to permit teachers, staff, students and the community an opportunity to experience a 21' century state of the art educational program within a 21"century facility. Preface iii SPP No. 12-000138 Page No. 003252 €3 42 Chapter 1 Introduction k SPP No. 12-000138 Page No, 003253 EDSPECS for High Schools Chapter 1: Introduction Chapter 1: Introduction Section 101 — General 'The Educational Specifications and Standards for Facilities' shall control and provide the basic guidelines in the acquisition and development of school sites and in the master planning, designing and construction of facil'dies for all public schools in the State of Ha"N.' This document, referred to as the EDSPECS,was developed to meet the need for a comprehensive guide for consultants, the Department of Education (DOE), the community, other government agencies, and the public in the design and planning of new schools and additions to existing schools. The EDSPECS are divided into three volumes, for use at each of the three educational levels: elementary, middle/intermediate and high. Although much of the information for school design is the same across levels, the volumes are meant to be used independently. Each volume is categorized into various chapters which provide the appropriate design criteria for a school. To the extent possible, non-technical language is used throughout the guide so that it can be easily understood by all stakeholders: educators, community leaders, parents and students, as well as technical experts in school facilities. A glossary is also included for the many acronyms frequently used within the DOE(see Appendix 2—Glossary of DOE Acronyms). END OF SECTION 101 Board of Education Policy 6700: Facilities Standards General Section 101-1 SPP No. 12-000138 Page No. 003254 EDSPECS for High Schools Chapter 1: Introduction Section 103 - Description of the Educational Specifications The EDSPECS is a guide for the planning of school facilities that takes into account a collection of objectives relating to the needs of the community, educational goals, policies, processes, and statements of various support programs. In order for a school to meet the needs of a community, questions have to be answered during the initial programming phase. The EDSPECS provides a framework with a process and format for planners to collect and analyze pertinent information such as teaching styles and student learning styles, before moving on to technical facility requirements. This participatory process provides the means of involving educators and the community in acquiring greater knowledge of how everyone uses their facilities, in becoming better informed about the successes taking place in their schools, and instilling a sense of pride and ownership in their school. This document provides the basic data and information essential for a clear understanding of how the physical plant should support instructional objectives. The EDSPECS are intended to be used as a guide when designing and building new schools. When renovating older schools, the EDSPECS shall be used a reference and followed where economically, structurally, and instructionally feasible. in addition to the EDSPECS, all applicable codes and regulations must be followed in the construction of school facilities. These include, but are not limited to: applicable local and State building codes, fire safety requirements, and Americans with Disabilities Act Architectural Guidelines(ADAAG). In many cases, due to outcomes of the design charette process, there will be variances to the standards set forth within this document. Documentation of the decisions made during the participatory charette process is essential. See Section 203 for the Charette Process Guide. When considering formal changes to the EDSPECS, refer to the procedures outlined in Appendix 3—Educational Specifications Development/Revision Process. END OF SECTION 103 Description of the Educational Specifications Section 103-1 SPP No. 12-000138 Page No. 003255 EDSPECS far 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 TM of School Minimum Enrollment Elementary 550 Middlellntermediate 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 Middlellntermediate School 18 acres High School 50 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 pian; 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 poirds 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. ExclusW. The use of the school site shall be limited to public school and ancillary school recreational uses. h. Availability of Utilities: Appropriate utility infrastnuture needs to be in place prior to the Mart of school construction. Planning Guidelines,Site Considerations, Section 201-1 and Site Concepts for High Schools SPP No. 12-000138 Page No. 003256 Testimony of Pauline Ke'ala Lee Loy, 10/22, 2013 My name is Pauline Ke'ala Lee Loy, I am a resident of 1579 Mele Manu Street where we have resided for 17 years. I have worked as a teacher and admininstrator in both public and private schools for the last thirty-four years. First and foremost I commend Mr. Thatcher as a school leader and pioneer of non-traditional education. The accolades of both his staff and students are representative of his visionary dedication to education. There is absolutely no question about the quality of education that the school offers the island community. I am in opposition of the location of Connections Public Charter School to Edita Street because of the imminent traffic disasters. Edita Street off of Kaumana Drive which leads to Mele Manu Street simply cannot accomodate the volume of traffic that the proposed development will bring. The opening of the Pu'ainako Street pathway from the Saddle Road to Komohana has certainly alleviated some of the heavy traffic patterns on Kaomana Drive for those heading to West Hawai'i, however, a project or program of this magnitude will restore this traffic. If such a project, any project would be approved at this Edita site, a third lane turn off and traffic light would need to be installed to prevent deadly accidents. The proposed project has simply selected the wrong site for its vision. What is alarming is that the school already invested much of its resources in preparing the site for its use even before all legal matters have been settled. It is a poor display of doing the right thing at the right time for the right reasons. Transparency and accountability is of utmost importance for any institution, public institutions particularly. Thank you. Pauline Ke'ala Lee Loy 1579 Mele Manu St. Hilo, Hawai'i 96720 SPP No. 12-000138 Page No. 003257 A PROJECT MANAGER'S REVIEW OF THE FINAL ENVIRONMENTAL ASSESSMENT FOR THE CONNECTIONS PUBLIC CHARTER SCHOOL MASTER PLAN Keumana,South Hilo,Hawaii Tax Map Key: (3)2-5-006:141 Melvin H.Yokota,P.E. Mele Menu Street Hilo,Hawaii October 2013 SPP No. 12-000138 Page No. 003258 A PROJECT MANAGER'S ASSESSMENT OF THE FINAL ENVIRONMENTAL ASSESSMENT FOR THE CONNECTIONS PUBLIC CHARTER SCHOOL MASTER PLAN 1. PURPOSE The purpose of this review was to review the contents of the Final Environmental Assessment from an engineering project manager's perspective. This review was initiated due to the author's observations that the testimony before the County of Hawaii Windward Planning Commission by the Connections Public Charter School and its consultants appeared to be contradictory and overly optimistic. The findings herein summarize the shortcomings of the Final Environmental Assessment from the author's viewpoint. 2. BACKGROUND The author has been a resident of Hilo since 1972 and a resident of Pacific Plantation Subdivision since 1991. The author is currently a Project Manager for POWER Engineers, Inc. Between 1972 and 1979,the author was an electrical engineer for W.A.Hirai and Associates, Inc. Between 1979 and December 2012,the author served as an electrical engineer, senior electrical engineer,principal electrical engineer and vice-president of Harold H.Miura, Inc.(later HIM Corporation). While with HHM] and with POWER Engineers,author served as project manager where the firm is the prime consultant and as project electrical engineer on projects where the firm is the electrical subconsultant. 3. EXECUTIVE SUMMARY 3.1. Water Requirements There are two points that are made by the Final Environmental Assessment. • The Department of Water Supply has stated that the school is entitled to 7 units of 600 gpd of water based on the area of the entire parcel for a total allocation of 4,200 gpd. • The projected 90,000 square feet of building roof area will provide 30,000 gpd of catchment water. The author believes that because the leased area is bisected by Edita Street, and there is no way for Connections to serve both the upper and lower parcels with a single water service connection, the water unit allocation should be split between the upper and lower parcels. That means that technically,the allocation for each parcel should be about 3.5 units, or 2,100 gpd for the upper and lower parcel, respectively. Precipitation records for Kaumana do not support the claim that the building roofs will consistently support 30,000 gpd. Historical data shows that average available catchment water during periods of minimum precipation will average less than 10,000 gpd. Under this condition, the Assessment states that a well site will be developed and dedicated to DWS. Such a well site typically includes a pumphouse, booster pumps, submersible pump,reservoir,and a wall or SPP No. 12-000138 Page No. 003259 fence constructed to DWS standards. Such well sites are large and would likely take up the entire frontage along Edita Street. The DLNR lease application states no sublease will be developed,and such a well site does not meet the land use stated in the application. The assessment should include a discussion of the impact of subdivision on its lease. 3.2. Wastewater Impacts The Assessment discusses providing leach fields and septic tanks as well as IWS units. Similar to the DWS water capacity, because the parcel is bisected by Edita Street,the allowable IWS (1000 gallons of septic tank capacity per 10,000 square feet)for the facilities on the lower parcel should be based on the area(35 acres)of the lower parcel and not the 72 acres of the entire parcel. This would equate to a total of 157,000 gallons of septic tank capacity. Given the nature of the soils on the property, if the lower parcel is incapable of leaching 26,000 gpd, no amount of septic tank capacity will be sufficient to address the wastewater disposal. The Assessment should provide a viable solution before the special permit application can be considered. 3.3. Traffic Impacts Mr.Thatcher has testified to the Planning Commission and also told the Kaumana Community that it is not the intent of Connections Public Charter School to serve the Kaumana Community. Instead, the school will continue to serve students from Puna,Ka'u and Hamakua. This Assessment does not address the traffic impacts of a school with 380 K-12 students, 25 preschool students,and 52 staff on greater Hilo,particularly the impacts on congested traffic corridors that serve schools in the Waiakea High School and Hilo High School.complexes. The way the Assessment is written, it is evident that the planning team treated this school as if it is being built to serve the Kaumana Community. The number of vehicular trips projected in the assessment is low, and is consistent with a local school where large numbers of students can bike,walk or ride to school without impacting the traffic infrastructure beyond a two or three mile radius of the campus. The proposed site is accessible only from Kaumana Drive via Edita Street. The majority of public schools have at least two roadways for vehicular access to the campus. This site has only one. Any accident at the intersection of Kaumana Drive and Edita Street during the morning rush period will prevent students and staff from reaching the campus and prevent the residents of Edita and Mele Manu Streets from exiting the neighborhood. Further,the added traffic will diminish the ability of emergency services to aid the Kaumana Community. 3.4 Environmental Impact The stated environmental goals in the Assessment preach a minimum impact development to minimize disturbing the environment on the parcel. However,the proposed reforestation of the upper parcel and 20 acre agricultural component of the lower parcel would have a major impact since it will involve import of significant amounts of soil and supplements. This contradicts the stated environmental goals. SPP No. 12-000138 Page No. 003260 These observations lead to the conclusiont that the Assessment is poorly developed and does not address the concerns and needs of the Kaumana Community and Greater Hilo. The special permit should not be granted until all of the discrepancies have been reconsidered and properly addressed. 4. FINDINGS 4.1. Page 1 Footnote: The assumptions in the Assessment state that the average daily rainfall on the 90,000 square feet of building roof will be sufficient to supply the needs of the school. However,the study fails to investigate what happens to the rainwater source during periods of low rainfall which can be 0.16"per day,or less based on rainfall records for Kaumana (See Attachments: ICAUMANA 99.1, HAWAII, Period of Record General Climate Summary— Precipitation From Year---1949 to Year-2006). Under those conditions which indicate droughts can occur in any month, it is clear that a well, reservoir,and booster pumps must be constructed on the site to support the campus. This assessment: • Does not site a well facility on the project site • Does not consider that a well site that is dedicated to the County DWS will also require a county standard reservoir and booster pump station with fence and landscaping. Typically the pumping station is adjacent to a county road. • Does not address the statement made by Connections School in their application for a lease that the applicant will not create subleases. • Does not address what happens to the pump station site if it is dedicated to the County. What happens to the well site? Is it a sublease? Doesn't the land use change if it is used for a pump station for the County? 4.2. Page 4,Part 1.6, subparagraph on Soils and Surface Water mentions that an NPDES permit will be procured, However in early July 2012,Connections Charter School engaged a contractor to clear(bulldoze the perimeter of the property)and construct a fence. It appears that this was done without obtaining a NPDES permit from the Clean Water Branch of the State of Hawaii Department of Health. Calls by the author to the Clean Water Branch were never returned. The author understands that the CIean Water Branch suspended issuance of NPDES permits on its General Permit around that time, and is not to begin issuance of general permits until this fall. From Google Earth images, it is apparent that the area cleared is in excess of one acre and the clearing appears to be in violation of NPDES regulations. This kind of action shows that the school is not abiding by its stated environmentally friendly goals. 4.3. Page 9,Upper Parcel,second paragraph. A crosswalk between two parcels would be coming off a curve and be a very dangerous location for the crosswalk. 4.4. Page 9,Upper Parcel,third paragraph. Proposes reforestation projects stating that koa and hapu'u ferns that are claimed to have historically grown in the area. SPP No, 12-000138 Page No. 003261 However, the author's research(http://nativeplants.hawaii.edgZplant/view/Acacia koa) into koa shows that koa thrives at elevations above 2000 feet. While koa can grow at lower elevations,some varieties may succumb to diseases after a decade of growth. Koa is known to attract aphids, whiteflies,Chinese rose beetles, seed weevils, koa seed worm, koa moth, mealybugs, and a stem boring grub. A serious pest is the black twig borer. and hapu'u thrives in elevations between 1000 feet and 6000 feet,higher than the elevations present in the upper parcel. Koa is not suited to infertile soils or constant waterlogged soils. Koa prefer loamy, sandy clayforms, clay,clay foams, and sandy clays.Koa is found on light,ash derived soils and weathered clays, none of which are present in the upper parcel. (See attached reference.) Note further that the mature koa forest above Hilo was hit with a massive koa moth infestation this past summer. The University of Hawaii at Manoa College of Tropical Agriculture and Human Resources Hawaiian Native Plant Propagation Database entry for hapu'u,Cibotium menziesii (http://www.ctahr.hawaii.edu/oc/freepubs/pdf/OF-16.pdf) States hapu'u thrives in elevations between 1000 feet and 6000 feet, higher than the elevations present in the upper parcel. 1t is the author's experience in this environment that hap'uu is difficult to cultivate without . creating deep soils. See attached reference. 4.5. Page 9, Sustainability. While Connections tries to impress by stating that they will be a school with Silver or better LEED certification. Current trend for DoD facilities is to design for maximum energy efficiency, but not to pursue certification because of the initial cost to certify and the need to audit and monitor performance to maintain the certification, a costly venture. i It is clear that water pumps will be necessary whether catchment or well water is used. Such pumps require significant amounts of electricity. Renewables such as wind and PV are not conducive to supporting motor driven loads. The wind in the area is generally weak and not suitable for wind turbines, PV systems will not reliably support the reactive loads of induction motors without providing power factor compensation systems such as static var compensators. Further,the predominance of irregular cloud cover makes the use of PV to support motors unreliable and utility power will have to be relied upon for supporting motor loads. 4,6. Page 11,Infrastructure,first paragraph. Again the Assessment mentions"the use of photovoltaics and an extensive rainwater catchment system." Rainfall records do not support rainwater catchment systems to provide all of the water needs of the campus. Minimum precipitation records demonstrate that droughts can occur in any month,and projections are for dryer weather due to global warning trends. As the Assessment states, a well will be constructed if needed. Rainfall records prove that a well is the only solution to reliably supporting the water requirements for the campus. This must be included in the Assessment for this application to be considered. 1 The True Cost of LEED—Certified Green Buildings,Vamosi,Stephen J., PE, Heating/Piping/Air Conditioning Engineering,2011/01/01. SPP No. 12-000138 Page No. 003262 The second paragraph promotes the use of agricultural irrigation for disposal of excess processed wastewater. The Hilo Coast is a wet climate. Average annual rainfall is 191 inches. In general,due to the rainfall, it is unnecessary to irrigate for agricultural purposes. In addition,soil overlain on nearby Kaumana lava fields are normally moistto saturated. How is the 26,000 gpd of wastewater to be disposed under these normal conditions? 4.7 Page 15, Paragraph 2.3.1 Selection Criteria. The University of Hawaii at Hilo Agricultural Farm Laboratory is located between Hilo and Puna in an area heavily used for agriculture. The proposed site for the 20 acre cultivation area is young lava flows,and substantial soil and supplements would have to be trucked in to provide suitable media for agriculture. 4.8 Page 41,Part 3.1 Topography, Geology, and Soils,paragraph covering Topography. The upper parcel proposed for reforestation with koa and hapu'u is lower that normal habitat for those species to thrive. 4.9 Page 41, Part 3.1 Topography, Geology,and Soils,paragraph covering Soils. This paragraph states that soils covering the site are thin to nonexistent. This is not conducive to introducing koa and hapu'u on the other parcel. Further,introduction of koa may be detrimental to Kaumana Cave in the future as the root systems of the trees develop. Introduction of sufficiently deep soil to propagate koa and hapu'u would contradict Connection's goal of keeping this parcel pristine. Further,the construction of the elevated walkway would require damaging the vegetation in order to excavate the post holes and manually haul in the timber for the walkways. This assessment does not identify variations in flora and fauna along the length of the upper parcel,and there is no educational value to providing the walkway along the length of the parcel. The vegetation visible at the Edita Street end of the parcel is representative of the vegetation along the entire parcel. 4.10 Page 42, Part 3.1.1 Potential Impacts, paragraphs covering Proposed Action, fourth paragraph. This paragraph states that the building design concept would minimize the disruption of soils and topography at the project site. It is clear that reforestation in the upper parcel and the 20 acre agricultural area would involve the importation and placement of massive amounts of soil. This contradicts the building design concept. Over 25 percent of the soils and topography would have to be modified just to address the reforestation and agricultural areas. 4.11 Page 55,First paragraph. It is stated that a single Hawaiian Hawk was detected as an incidental observation. The author frequently observes one or two Hawaiian Hawks hunting for prey in the Mele Manu Street area. Further,there is no mention of feral pigs. Residents have encountered problems with feral pigs invading yards from the Puna side of Pacific Plantations. Sizeable cultivated areas will be an attraction to to such pigs, promoting increased populations of animals that are already damaging lawns and gardens of properties adjacent to native ohia forests. SPP No. 12-000138 Page No. 003263 4.12 Page 59, Part 3.8 Land Use,First paragraph. Assessment states that"the soils within the project generally have been too thin to support pasturing of animals or intensive agricultural cultivation." There is no discussion as to how Connections intends to prepare the sites for reforestation or agriculture. As a result there is no discussion as to the impacts upon the site and surrounding properties. 4.13 Page 60,Part 3.8.1 Potential Impacts, Paragraph covering Proposed Action. States "Conversely,the Proposed Action would beneficially impact area land use by providing permanent public educational facilities to support the growing residential community of Kaumana." This would be a valid statement only if there were no public schools serving the community. Kaumana has long been served by Kaumana Elementary,De Silva,Hilo Intermediate, and Hilo High Schools. Further,Mr. Thatcher has testified that Connections is not likely to change its demographics to serve the Kaumana population. Therefore,the benefit to the Kaumana community is considered to be minimal. 4.14 Page 60, Part 3.9 Utilities, Paragraph covering Water Supply. The Assessment indicates that based on the overall parcel size of approximately 72 acres,and the County of Hawaii, Department of Water Supply has documented that the parcel is entitled to a maximum of seven units of 600 GPD. However, the parcel is bisected by Edita Street with the upper parcel being approximately 37 acres,and the lower parcel being 35 acres, Since it is physically impossible to provide water service to both the upper and lower parcels with one water service point, it appears that the actual allocation should be approximately 3.5 units for each parcel,which further reduces the available water allocation for the lower parcel to 2100 gpd. The rationale is that capacity for water service to the upper parcel must be reserved in the event the parcel is subdivided according to the bisection. This further reduces the water availability for the lower parcel to be developed. 4.15 Page 62, First paragraph. As previously demonstrated, precipitation data for Kaumana indicates that catchment alone is inadequate to support the water needs of the campus under historical minimum precipitation conditions. Further,the bisection of the parcel by Edita Street appears to split the available water allocation. 4.16 Page 62, Second paragraph. Proposes to retain the kitchen function at the Kress building in downtown Hilo. However,this contradicts Connections stated goals of consolidating its facilities and leaving the Tsunami inundation zone. 4.17 Page 62,Third and Fourth paragraphs. As previously stated, historical precipitation data for Kaumana demonstrates that catchment will fall far short of campus needs during minimum precipitation periods, and the Assessment states that the only solution is the provision of a new public water system source. As a result,the campus development plan must include the well, reservoir, booster pump station,fence and piping interconnections per DWS standards. The Final Environmental Assessment must address this issue before consideration can be given to approval of a special permit b SPP No. 12-000138 Page No. 003264 4.18 Page 63. Wastewater,First paragraph. Discusses irrigation as a means of disposing of treated wastewater. With an annual average rainfall of 191 inches, very little irrigation is required for Kaumana. If irrigation is not needed,how is water to be disposed of? 4.19 Page 63. Wastewater,Third Paragraph discusses the use of a septic system with leach fields, but as other portions of the Assessment have stated, surface soils are very thin. The Assessment does not address this condition,and how leach fields will work, particularly during periods of high precipitation. In addition,when discussing the one IWS per 10,000 square feet of land area,the volume of septic tanks permitted on the lower parcel should be based on the area of the lower parcel and not the total land area of the upper and lower parcels. For 35 acres,the allowable IWS would be 157 units or 157,000 gallons If this system cannot percolate 26,000 gpd,the septic tanks and leaching system will be inadequate, 4.20 Page 70. Part 3.12.1 Potential Impacts, Third paragraph. Mr.Thatcher has stated that the majority of the students will come from Puna,Mountain View, Ka'u,and Hamakua. It is the Author's perception that the traffic related impacts relate better to a school which serves the immediate community. This is borne out by the fact that the Final Environmental Assessment only addresses the roadways between Ainako/Mohouli intersection and the Edita/Kaumana Drive intersections. The Assessment States that there will be ultimately be 380 K-12 and 25 preschool nonresident students, plus a staff of 52. Two buses will transport up to 96 students to and from school, leaving 331 students that must either drive or be driven to school. Assuming half of the seniors drive to school(13 students),and of the remaining, half will be transported two per vehicle and half will be transported one per vehicle. Including staff,this amounts to a total of 1078 trips. Because parents from outside of Hilo must cross the Hilo High School and the Waiakea Complex belts twice during the morning rush hour,there is a significant traffic impact on upward and downward traffic between Kanoelehua and Kamehameha up to Edita Street, significantly increasing townbound traffic delays. A major concern of Kaumana Residents is that Kaumana Drive is the only efficient corridor to get to work. Any accident will block travel to town,and severely impede emergency vehicles. For a development the size of the proposed campus,there should be at least two means of access, one from Kaumana Drive,and one from the Puainako Street Extension. Anything less will potentially diminish the emergency response to Kaumana. 4.21 Page 73. Part 3.12.2 Mitigation Measures,Third bullet point. Carpools are not common where there is so much diversity in the geographic origins of the student population. The assessment suggests the use of alternative modes such as Hele-On buses and bicycles. This further suggests that the authors of the Final Environmental Assessment did not research the origins of the student population. The Connections students can neither walk nor bicycle to SPP No. 12-000138 Page No. 003265 campus. Hele On is a low frequency mode of transportation with low ridership in town and is not a likely means of transport to and from the campus. 4.22 Page 91. Part5.1 Significant(sic)Criteria. 4.22.1 Criteria 1. Based on this concept, no development or reforestation should be permitted on the upper parcel. 4.22.2 Criteria 3. Sentence 3 states that"This project fulfills aspects of these policies by providing the community with modern educational facilities. Based on statements by Mr. Thatcher, it is not the intent of this campus to serve the educational needs of the Kaumana Community. Based on independent precipitation analysis and water units, rainwater catchment systems will not come close to meeting the water requirements for the campus during periods of low precipitation and the only solution is to develop a County of Hawaii standard well, reservoir, booster pump station, fenced parcel,and interconnecting piping and pump control systems. 4.22.3 Criteria 4. Again,based on statements by Mr.Thatcher, it is not the intent of this campus to serve the educational needs of the Kaumana Community. 4.22.4 In addition,all planning and consulting engineering services have been contracted with Honolulu based firms, so no design professional job opportunities have been provided for local residents and professional firms. 4.22.5 Criteria 5. Kaumana precipitation data does not support the conclusion that catchment will serve all of the water needs of the campus. Further,only half of the water supply units should be dedicated to the lower campus. The balance should be dedicated to the upper campus due to the bisection of the parcel by Edita Street. 4.22.6 Criteria 6. Generally not a true statement. Mr Thatcher stated that the school is not intended to serve students in the Kaumana Community. Since the school generally serves students from outside of Kaumana, it is not consistent with the concept of siting a school in proximity to the community it serves or within easy access without adversely impacting other school,neighborhood, and business infrastructure. The action would bring in 400 plus students from outside the area, and the neighborhood derives no significant benefit from the school. This does little to improve educational facilities in the Hilo area dedicated to serving the students within the Hilo High School Complex area. 4.22.7 Criteria 7. While LEED certification is a nice-to-have, it is costly to implement, achieve,and maintain. 'mere is nothing to preclude the school from implementing 4... _ SPP No. 12-000138 Page No. 003266 energy efficiency, but the money for achieving and maintaining LEED is better directed to the education of the students. 4.22.8 Criteria 9. Cumulative traffic impacts on Greater Hilo has not been addressed. In addition,the estimated traffic trip projections appear to be for a school which serves students from the immediate neighborhood where a large number of students can walk or bicycle to the campus. According to Mr.Thatchers statements,this is not the case. The Assessment trip projections are not consistent with the majority of students commuting to campus from outside of Hilo. 4.22.9 Criteria 12. The statement is a contradiction. While it states trees and shrubs would be used as a visual buffer so that school facilities would not be glaringly noticeable from public streets. The Assessment states that a catchment reservoir would be placed at the Edita end of the lower parcel, glaringly visible from Edita Street. Further it is evident that a well with reservoir, booster pump station,and fence or wall will be needed instead of the catchment reservoir. The typical DWS reservoir site footprint would take up a large portion of the campus frontage,making it an unsightly entrance to the school. 4.22.10 Criteria 13. Serving the water needs of the campus will require electrical energy for pumping water. A DWS standard well site will require significant energy to operate the submersible well as well as for booster pumps. Kaumana is not a typically windy area and wind is not practical. Photovoltaics is a reasonable solution for non- motor loads,especially lighting,but is not practical for significant electric motor loads. Further,the frequent cloud cover makes photovoltaics unreliable with an expensive battery energy storage(BESS)system. SPP No. 12-000138 Page No. 003267 ATTACHMENTS KALIMANA Ba I,HAWAII.Chm ie Suoumn �:... SPP No. 12-000138 Back to KAUMANA 88.1 HA VVAII Page No. 003268 state W9tem dome � lkip 11.8.map Page Period of Record General Climate Summary- Precipitation NOTE: 7♦pd..dw r---rr4u•bki,dla..�ti�... r__ .__...._.......___.._.............._ .�._ _ ...... .�.�.__.._._�..._.._...�...... .W- .,.,.: ....._ wwR o•i•n•e Station-(513510)KAUNIANA 88.1 From Year 1949 To Year-,A 6 .1981 -2Q1Q r _ Precipitation Total SnowfallI Iv Te R Prerin . ❑oily TahttL�r data(�;3 KB) Mean i Htgh Year Law Year 1 Day Max )01 10 1 i 50!1 D 1Mean-Hlgh,'Ycar in -_ i f .. .. _ .,.... .,. — m tin 3°_ 1 _� DC 19$t-n010 Normals(-3 # # # ..a. to In m or In ; In yyvymmddl Days,Days:�I3ays DaysE _ 1971-2000 January I 1 $111 �7 14,0 0,11 0 49_1953 9 93 30 SOD, l6j [1( 6 4€ 0 07 L�j�3950 Fe6tuary f I 1682 7010:19641, 0 65 197P 1!53 „ O 1 19691 I711 131 ? 51f D i j 1450'1 . j�iily Tabular data t-��liR1 March , 16 44� 49 36 1953,!„..3 15?003 F1 3$� Q9�006 22 17 10 _... F 1 � �� _. I I . Monthly Tnhular data i t :Rl Aprllmm} �0 S3 47 36 196$',{, 4 84 954 7$0 16r 1963 �5�?^ ?0 -T[ 611 0 Oj D r j 1950, • NCDC 1971-3DD0 Normals f-3 = --i X131 ~May g 15 7,' 43 1 1 1964'r 3,4 X005 891 07,00b; � 19 .9( 4!�0 0? 0�i11950 June '' 1098 531-1-r]997-' 4 ID,1959 55 � ,6 5947 ,519; _ 7k 3 QOii 0 },1 5 I _ [ _ t 1961- 1990 f luiy t 11 051 34D1t 19971 5 73 149913 8] _'6 x966�5j ,1 1D 41 D0�0 x14 August 1-1753r 4$.2,11457 547 S45Dr15171 13,1944 25J '�r 10 5 U !i� 0011950! DmIy Temp &Pr�in .. - 1 'i .... ...„_. ' 77 e'"'"" rDaily Tabular data �! _1 _ September I_061T4[94 19943 67 U04 21 00 599 _ ( ^17mm 7-1 3( 0 01 D 0,195D . Monthl„y-Taht"data I—I K131 �October F14 10 I 30,13 1961_! 3 73 196,( 8 6B� 251,OD1 IF >![ l 7 r 8 y 4E� d�k D 6?�1944 NCDC 1961 1990 Nngmak - (No>embers1­20 1$(s2 oa Iiia ,oa 26�1»as D, 18( 10 6( © o o l9as December 1665 58BSf1954� ,Dti�1963'1144 11 1949 21�� 161 4; 51� 001' 06f 1955 Period of Record Annual 191 371 307 3$]1994 ID17t962'a„85 200011021 ,7p 206 kDS� �'E 0 k�6 I953'� . Statino Metadnta Wrn[er ��45,Si t l 7 71-1969 10 53 F1963!1l l 53' 19690201 54 39 ??I T I'1 .0 D(0 19 6;1 . Stahnn Metadain Cranhirs 5 ren SS 19�-9-5 6-4�1,D06' q0 1966;1,38 ,D06D3D9 7�{� 56; 31 I l6; 0 D' 0 6'1953 5umtner 44 56 84 98,111994'1 �1 4, 1462 i S 17,, 14940813 77j'r 60 27 k, 0 0� 0 0:1950. General Climate Summary Tables - - T nemnire [ FaSI 46 34 106 35 1994 ,3 6Dj 196,��85, -0001 10, 67 Tm 51^ TT?G f 3' 0 0 D D 1 5 • -rxn. _- _.._ _ ._ _ 11 .._. Preci ttatinn ..�.._. .._. _-_.,...,_...,...._-_---_--- 1J---- Table updated on Oct 31,2013 . Heati gglee Datt^s For manlhly and annual means,thresholds,and sums rnolingDeoDnxi Months with 5 or more missing devs are no:considered . Crawling Deg=DatLs Years with I or more missing months are not considered Temperature Seasons are climatological not calendar seasons . Dail Extremes and Averages Winter=Dec,Jan,and Feb Spring Mar,Apr,and May . Eall'Freeze ProMbilines Summer-Jun.Jul,and Aug Fall-Sep,Oct.and Nov Treem • Monthly Temperature Listings Western Regional Climate Center,wailrn.-irrrea-dri.edrr Avemee Marimnm Average 11A m Im•�m Extreme&1m:imnm(+) Extreme.Iy[iotmum[*) Precipitation Mont lyAverage . Daily Extreme and Average ♦ Da1I,V AyerICL- PreeLpitatrnn Prohahih4 by Duration • Precipitation Prohnhll sty by Quanlltx • Monthly Preclpttation Listings ; Monthly [otnj Dady Extreme(*)Snowfall . Daily Extreme and Average • Monthly Snowfall Listings Monthly Tntnk Snowdepth Daily Extreme and Avemee i Daely Average j Heating Degree Days • Daily Avera- Monthly HDD Livings Man ly-Totals[•)Cooling Degree Days • Daily Av=Ue • Monthly CDD Listings bdonthIy T.Ot i[y[•)Growing Degree Days • Monthly ODD Listings ? Monthly:Lg1al Race 401,°) MStn111l Total Rase Sn!•1 Period of Record Data f ri:c `.n.?">•icr°�e,k�,n;y(�.�e..._s t.CLELn,ni.. liAvIAll•fi -t,S.unatl!sr-1?§;ggil'q KAUKIANA081 HAWAII-Chri4g5ummun Tables SPP No. 12-000138 . DoIl�y_SiIMMnn Stals(-55 K8 Page No. 003269 Monthly Tabular-dam f-I Q) Dally Data — — - Graph and Lisler(') 1_,cter(')Monthly Data Custom Manthi� Lts�ttna(�) iVemem Regional Clrtnare Center, l�rrNm C4 Me-Ile-C Uwm?,Ic1'petlIcp'Con mw&I:AUMANA 0 1,I IAN'All•Cl mlc Summon hlml 1109'20I]9ILI W MMI Native Plants Hawaii -Viewing 1ti,_t : Acacia koa SPP NcPageobDM Page No. 003270 home I browse plants search plants nurserycontact login g. • ■ • fp " Plant Profile Navigation mhtm[:file,/G:IConnections\Native Plants Hawaii - Viewing Plant Acacia koa.mht 10/19/2013 Native Plants Hawaii - Viewing Fi t : Acacia koa SPP NcPaKCA 34 Page No. 003271 • Main Plant Information • Plant Characteristics • Flower Characteristics • Leaf Characteristics • Pests and Diseases • Growth Requirements • Environmental Information • Special Features and Information • More Links Search Plants [Search by Genus, Species, Subspecies, Variety, Forma, Hawaiian and Common Names,or Synonyms] Search Home» Plant »Acacia koa Acacia koa 4 Main Plant Information Genus Acacia Species koa V aricties • kauaiensis • koa • latifolia Hawaiian Names with Diacritics • Koa Hawaiian Names • Koa Common Names • Koa Synonyms • Acacia hawaiiensis • Acacia heterophylla var. latifolia • Acacia kauaiensis • Racosperma kauaiense mhtml:file:/IG:IConnectionslNative Plants Hawaii - Viewing Plant Acacia koa.mht 10/19/2013 11 Native Plants Hawaii - Viewing k,,t : Acacia koa SPP Nod&geOWW Page No. 003272 • Racosperma koa Did You Know...? Koa is the largest native tree in the Hawaiian Islands reaching heights of about 115 feet(33 m)I Commercially, koa is one of the most expensive woods in the world. It is used to make furniture, veneer, and crafts. Most koa is harvested from remnant individuals or stands in pasture lands. [16] (back to tod Plant Characteristics Distribution Status Endemic Endangered Species Status No Status Plant Form /Growth Habit • Tree Mature Size, Height(in feet) • Tree, Small, 15 to 30 • Tree, Medium,30 to 50 • Tree, Large, Greater than 50 Mature Size, Width Koa can have a canopy spread of 40 feet or more. But typically, with a canopy spread of 20-40 feet. [16] Life Span Long lived (Greater than 5 years) Landscape Uses • Erosion Control • Provides Shade • Screening Additional Landscape Use Information Koa are fast growing trees at 5 feet per year for the first five years, and can reach impressive heights in several decades in upper elevation landscapes. [16] Though koa can grow at lower elevations, some varieties may succumb to diseases after a decade of growth. Since there is so much variety in koa habit from shrubby, multi-branched forms to tail straight trees, it is good to inquire of the source so as to suit your landscaping needs. mhtml:file://G:IConnections\Native Plants Hawaii - Viewing Plant Acacia koa.mht 10/19/2013 Native Plants Hawaii - Viewing I, i : Acacia koa SPP NoQg249f3V Page No. 003273 While koa can grow to heights of over 100 feet in their natural undisturbed environment, it would take many decades, if ever, to reach such heights in the urban landscape. They are more likely to grow to about 20 to 30 feet in the landscape at low elevations. [Rick Barboza, Hui Ku Maoli Oja] Growth is in virtue of symbiosis with special bacteria ca[led rhizobia that live associated with the roots. The bacteria convert, or fix, nitrogen from the air into usable nitrogen fertilizer for plants. The leaves, flowers and branches also provide nitrogen for understory and plants in the area. Koa inoculated with rhizobia tend to be more vigorous trees. [1] Recommended planting is above 2000 feet [610 m]. [16] Companion Plants: Koa look nice when planted with other native plants such as naio, lonomea, k61ea, k6piko, `iliahi,o[opua, and mamaki, pilo, hapu`u, and palapalai.* These plants also beneift from the nitrogen-fixation by koa. * These plants can be found on this website using the 'Browse Plants" feature found at the top. Enter names without diacritics. Additional Fragrance Information Koa and koai`a have a distinctive aroma from the root area from a bacterium called rhizobia present in the soil and roots.An ammonia-ilke scent is given off during the nitrogen-fixing process, [1] The pungent aroma is perhaps best appreciated by those who regularly work with this species. Otherwise, it generally has a non-appealing scent. [David Eickhoff, Native Plants Hawaii] Plant Produces Flowers Yes .fback to tool 1-1 Flower Characteristics Flower Type Showy Flower Colors • Cream • White • Yellow Additional Flower Color Information Light yellow, cream or white round powder puff flowers. Showy displays when seen en masse. Blooming Period • Sporadic mhtml:file:HG:1Connections\Native Plants Hawaii - Viewing Plant Acacia koa.mht 10,119/2013 Native Plants Hawaii - Viewing [,,i : Acacia koa SPP NcPaV��909 Page No. 003274 • Winter • January • February • March Additional Blooming Period and Fruiting Information Flowering occurs most heavily from January to March and into May with seeds ripening in August, September and October and persistent year round. [6] [back to topl '4 Leaf Characteristics Plant texture • Medium • Coarse Additional Plant Texture Information Leaves are 2 to over 10 inches long. Koa have sickle-shaped mature "leaves"called phyllodes, which are the main photosynthetic organs.Juvenile leaves, the true leaves, are feathery compounds. Leaf Colors • Light Green • Medium Green Additional Leaf Color Information Koa leaves are green to gray green. A large-leaved koa form was known as koa lau nui. [21] [back to topl 1A Pests and Diseases Additional Pest& Disease Information Koa is known to attract aphids, whiteflies, Chinese rose beetles, seed weevils (Aracerus levipennis, Stator spp.), koa seed worm (Cryptophlebia illepida), koa moth (Scotoythra paludicola), mealybugs and a stem boring grub are also known to infest plant.A serious pest is the black twig borer(Xylosandrus compactus, Xyloborus spp.). [16] Since koa forms a symbiotic relationship with bacteria in the roots for the nitrogen-fixing process, it is recommended that pesticides not be used around the root area. Several fungi (Fusarium oxysporum,F, solani, Calonectria spp.), root rot(ArmiIlaria spp.), and rusts (Endoraecium spp.,Atelocauda spp.)on phyllodes are known infect koa. Older trees are also attacked by a mhtml:file:llG:lConnectionslNative Plants Hawaii - Viewing Plant Acacia koa.mht 10/19/2013 Native Plants Hawaii - Viewing ..,t : Acacia koa SPP NoP49M6 F3b2 Page No. 003275 number of wood-rotting fungi. [16] There are indeed a number of pests and diseases that affect koa, but perhaps Koa wilt is one of the more serious often resulting in the death of the plant. [I I] Native mistletoes or hulumoa (Korthalsella spp.) also parasitize koa. [16] jback to topl ' Growth Requirements Fertilizer Lightly fertilize seedlings 2 or 3 weeks after secondary growth. Since koa are nitrogen fixing trees, additional nitrogen is usually not necessary. Pruning Information Pruning Erna often does more harm than good. Wounds from pruning may not heal,exposing the heartwood to rot and greatly increases their suspeceptabiliry to disease and pests. Additionally, pruning slows the growth of the trees. Therefore, koa should not be pruned if it can be avoided. Lower branches do self prune. If pruning is needed, it should be absolutely minimal, done properly, and without excessive injury to the tree. [1,16] Koa seedling roots should not be pruned, trimmed, or otherwise "fluffed out." Water Requirements • Dry • Moist Additional Water Information Water once a month during dry months, more often for "coastal"trees. Soil must be well drained Yes Light Conditions • Full sun • Partial sun Additional Lighting Information Koa does best in full sun. Spacing Information Trees should be spaced 30 to 40 ft. apart. Tolerances • Drought • Wind mhtmi:file:llG:IConnectionslNative Plants Hawaii - Viewing Plant Acacia koa.mht 10/19/2013 Native Plants Hawaii - Viewing ,t : Acacia koa SPP NP1024ftffJ9 Page No. 003276 Soils • Clay • Cinder • Organic Limitations Koa are not tolerant of salty soils, infertile soils,constant waterlogged soils, constant high winds, or shade. [1,16] Trees can tolerate drought for 3-5 months,depending on soil, compettion for weeds, relative humility, winds, and other factors. (16] Koa prefer soils that are loamy, sandy* clay forms, clays, clay loams, and sandy clays. Koa natural occur on both light, ash-derived soils and on highly weathered clays on older islands. Organic soils on lava rock are common in many koa regions. (16] Surface roots are easily damaged with high human, animal, and machine traffic. [1,16] * Salt-free sands. back to topl �4 Environmental Information Natural Range • Kaua`i • d`ahu • Moloka`i • Lana`i • Maui • Hawai`i Natural Zones (Elevation in feet, Rainfall in inches) • 150 to 1000,0 to 50(Dry) • 150 to 1000, 50 to 100 (Mesic) • 1000 to 1999, 0 to 50 (Dry) • 1000 to 1999, 50 to 100 (Mesic) • 2000 to 2999, 0 to 50 (Dry) • 2000 to 2999, 50 to 100 (Mesic) • 3000 to 3999, 0 to 50(Dry) • 3000 to 3999, 50 to 100 (Mesic) • 4000 to 4999, 0 to 50 (Dry) • 4000 to 4999, 50 to 100 (Mesic) Habitat • Terrestrial Additional Habitat Information mhtml:flle:` G:1ConnectionslNative Plants Hawaii - Viewing Plant Acacia koa.mht 10'19:2013 Native Plants Hawaii - Viewing F, ..: ; Acacia koaSPP N� (�Bfl�&� Page No. 003277 Though not as common as in the past, koa is still easily found in suitable habitat often a dominant component of native and alien mixed forests. Koa grows in dry to moist forests from 300 to 7,000 feet,occasionally as low as 80 feet and rarely as high as 8,000 feet. [l] There are three varieties of koa.Acacia koa vat. kauaiensis on Kauai; vat. latifolia on Hawaii Island; and var, koa occurs on all the main islands. [16] Koa.trees with characteristics in between koa (Acacia koa) and koai`a (A. koala) occur on Kauai. [16] [back to toy] 1' Special Features and Information General Information Koa belongs to the third largest plant family,the Pea or Legume family (Fabaceae). There are two endemic species of Acacia in the Hawaiian Islands:Acacia koa and A. koaia. Koa resemble their smaller cousins koai`a, but there are some significant differences. (See Acacia koaia "Special Notes and Information") Etymology The generic name Acacia is derived from the Greek,akakia,the name for Acacia arabica, ultimately from akin or ake, a Greek word meaning a sharp point and referring to the thorns of this particular plant. The specific epithet koa is the Hawaiian name for this species of tree. Hawaiian Name: Koa means "brave, bold, fearless" and also "warrior, fighter." Background Information Koa are dominant trees in Hawaiian forests and provide suitable habitat for many native species birds. The aptly named Koa-finches,Rhodacanthis palmeri and R.flaviceps, fed almost exclusively on green koa seed pods, sometimes the entire pod in pieces or occasionally only the seeds. Sadly, these brilliantly colored honeycreepers are now extinct. [14] Koa varies greatly from one location to another. For this reason and others, it is important that koa, or any other native plants from nurseries, are never planted out in the wild.This will ensure genetic variability and alleviate unforeseen problems. Early Hawaiian Use Koa was the most valuable tree in Hawaii. [18] In general, koa wood was also used in constructing houses(hale), spears, tools, paddles(hoe), kahili handles, calabashes Cumeke la`au), ceremonial poles (hulumanu), religious ceremonies, and short surfboards. [1,3,12,13,17,1$] mhtml:file://G:IConnectionslNative Plants Hawaii - Viewing Plant Acacia koa,mht 10/19/2013 Native Plants Hawaii - Viewing it : Acacia koa fi SPP NoPfM803P Page No. 003278 While there were many uses for koa, it was never used for eating receptacles because the resin, which could not be removed,would leave a bad taste to foods. [2,18] Canoe: The prime importance of koa for early Hawaiians Early Hawaiians was making of canoes(wa`a), not only the single kinds with an outrigger, kaukahi, but even double kinds, kaulua,which consisted on two canoes lashed together with a yoke in a special way. [18] Small narrow, long, light canoes,called kialon or kiolon, were suitable for a single fisherman or for racing. Other smaller canoes,about 10 to 20 feet long, could accommodate six to eight men. These canoes were scarcely twelve inches at its widest and about two feet deep. [18] Wa`a peleleu,or simply Peleleu, were long canoes or long voyages were usually 50 feet long, but some were 100 and even 150 feet long had a depth of b to 12, and even 15 feet,deep! Such canoes were 1 to 2 feet wide and carved from a single log. Some of these were made from the trunks of gian evergreens that had been carried by ocean currents and winds from the Pacific coasts of America. [18] Dye: The bark was used as dye to stain kapa a red color. [1] Lei: The leaves (phyllodes) were also used in lei making. 181 Medicinal: Koa leaves were placed under a pile of tau hala mats if a person had been in a sick bed for a long time. Leaves were placed on top and spread evenly over the mat to make to person comfortable.The heat that came from the body and the leaves would make the person sweat. [7,9] Someone would wipe the sweat from the person as they fell asleep. This was almost always used for patients with a fever. [7] Young children under a year old who had become weak were given a mixture of koa leaf ash and other plants and applied inside the mouth. [7,9] The bark was applied to puho (abscess, burst sore, ulcer), `ala`ala (scar, sore perhaps tuberculosis adentis), kaokao (syphilis), leprosy (ma`i lepela), `eha maui (sore bruises), and haki (broken bones). [10] Religion: Koa branches were made into booths for ritual purposes, in dedication of heiau_ [18] The Choosing& Making of Canoes The process of selecting the correct tree for making a canoe (wa`a) was more than simply walking into a forest and picking out a tree to be used. Before making a canoe, the Hawaiians employed a Kahuna,or priest,to offer prayers and sacrifices to Ku, the long-bearded god of canoes makers and of war, that the work should be successful. Then, the kahuna aided the men in selecting a suitable tree in the forest. This was a laborious work to fell a tree using a stone adze. The wa`a was then roughly hewn with the same tools. mhtml:file://G:IConnections\Native Plants Hawaii - Viewing Plant Acacia koa.mht 10/19/2013 Native Plants Hawaii -Viewing .t : Acacia koa SPP N ?g4-bW3162 Page No. 003279 If the native bird `elepaio(Chasiempis sp.), or the native crow, `alala(Corvus tropicus),* settled on the log, this was considered an ill omen, and work on it was abandoned. Another tree was selected to take its place. If all went well, there was the chant to move the felled koa: One would cry: "I kit mau maul" (Stand together!). Then from all: "I ku wa!" (Shout!) One: "1 ku mau mau!1 kir hulu hulu!I ku lanawao!" (Stand together! Haul with all your might! Under the mighty trees!) AI1: "1 kuwa!" (Shout!) One: "1 ku lanawao!" (Under the mighty trees!) All: "I kuwa!" (Shout!) "Iku wa huki!" (Shout! Pull!) "Ilii wa ko!" (Shout! Push!) "Ia wa a maul" (Shout! ...Snagged!) "A matt ka r:ulu!" (Snagged in the tree top!) "E huki e!" (PULL!) "Kftlia!" (STRIVE!) [20] Although the wa`a was made from koa, a number of other woods were used to construct and complete the project. Among them were `ohi`a(Metrosideros spp.), `ahakea(Bobea spp.), wiliwili (Erythrina sandwicensis), kamani (Calophyllum inophyllum), `ulu (Artocarpus altilis), kukui (Aleurites moluccana), and hau (Hibiscus tiliaceus), to name a few, with the last three being Polynesian introduced plants. [20] * `Elepaio are only known to have existed on Kauai, Oahu and Hawaii Island; `Alala is only known from Hawaii Island. Both are still found today on these islands. While there is no fossil evidence of`elepaio found on other islands,there were two other Corvus species found on the islands of Oahu and Molokai at the time of early Polynesian settlers. Modern Use Today, koa is propagated and planted in forest restoration projects and/or used as shade trees in home gardens. [I8] The wood is still very much prized in wood craft and is high in demand, being one of the most expensive woods in the world. [1,12,15] Koa is also a tonewood and used in modem musical instruments such as `ukulele,acoustic guitars such as used country music artist Taylor Swift, some electric guitars, and Weissenbom-style Hawaiian steel or lap guitars. [5,15] Dyes, ortannins, are still made from koa bark. The dye colors will range from light to very dark(blackish) browns according to the mordant(dye setting metal substance) used on the fabric. [4,18] Additional References mhtml:file://G:IConnectionslNative Plants Hawaii -Viewing Plant Acacia koa.mht 10/14/2013 Native Plants Hawaii - Viewing i ,„ ,t :Acacia koa SPP N$gejbbOfV Page No. 003280 [1] "Growing Koa" by Kim M. Wilkinson, pages 5, 7, 11-12, 35-36, 39, 55, 58, 59, 84. [21 "Plants in Hawaiian Culture" by Beatrice H.Krauss,pages 22, 52, 65. [3] "Arts and Crafts of Hawaii" by Te Rangi Hiroa(Sir Peter H. Buck), page 384. [4] "Hawaii Dye Plants and Dye Recipes" by Val Frieling Krohn-Ching, pages 77, 136. [5] http://en.wikipedia.org/wiki/Acacia_koa [Accessed 1017/09] [6] "Plants of the Canoe People" by W. Arthur Whistler, page 27. [71 "Native Plants Used as Medicine in Hawaii" by Beatrice Krauss, page 20. [8] "Na Lei Makamae--"Che Treasured Lei" by Marie A. McDonald & Paul R. Weissich, page 42. [9] "Hawaiian Herbs of Medicinal Value, by D.M. Ka`aiakamanu & J.K.Akina,page 46. [10] "Native Hawaiian Medicine--Volume 111" by The Rev. Kaluna M. Ka`aiakamanu, pages 62-63. f I] "Hawaii Forest Disease and Pests" http://www.ctahr.hawaii.edu/forestry/disease/index.htm] [Accessed 214111; updated on 4/28110] [12] "In Gardens of Hawaii" by Marie C. Neal, pages 410-411. [13] "La`au Hawaii: Traditional Hawaiian Uses of Plants" by Isabella Aiona Abbott, pages 80, 83, 87-88, 110, 115, 129. [14] "The Hawaiian Honeycreeper: Drapandidae" by H. Douglas Pratt, pages 129, 209, 210, & Plate 1. [151 "Contemporary Woodworkers" by Tiffany DeEtte Shafto& Lynda McDaniel, pages 170, 172. [l6] "Traditional Trees of the Pacific Islands" by Craig R. Elevitch, pages 1,4, 5, 6, 7. [171 "How to Plant a Native Hawaiian Garden" by Kenneth M.Nagata, page "Koa." [18] "Ethnobotany of Hawaii" by Beatrice H. Krauss, pages 127-130. [19] "Extinct Birds" by Julian P. Hume& Michael Walters, pages 246-247. [20] [kung Koa Outrigger Canoe Club http://www,ikunakoaoutriggercanoectub.com [Accessed on 9/26/13] [211 Hawaiian Dictionaries online http://wehewehe.org[Accessed on 9/27/13] ick to top] 24 More Links Plant Gallery View Photo Gallery Back to Plant List Plant List mhtml:file://G:IConnectionstNative Plants Hawaii - Viewing Plant Acacia koa.mht 10/19/2013 Native Plants Hawaii - Viewing �. ,,it : Acacia koa SPP NBellq--bbpfW- Page No. 003281 Other Nursery Profiles for Acacia koa • Aileen's Nursery • Big Island Plants • Future Forests • Ho'olawa Farms • Hui Ku Maoli Ola: Hawaiian Plant Specialists • NativeNurserv. LLC f back to topl Rights Management I About this Site I Contact Native Plants Hawaii. ®2009 All Rights Reserved. University of Hawaii. mhtml:file://G:1Connections\Native Plants Hawaii - Viewing Plant Acacia koa.mht 10119/2013 Cibotium menziesii (Hapu'u) �, , SPP No.Hwobd§ Page No. 003282 College of TropicalResources University of Hawaii at Manoa "N Hawaiian Native Plant Propagation Database a n:x Ua, �. :.. Cibotium menziesii :;0> t M0MR Fie.•... Alternative Botanical Names $ rypy am 78taba5 ;9 °,ep BV Botanical,,... None found ry Common Names e Ha uu �<�: �, ,� eek:: .�_• Hapu u 1 t slll; grvX,: Nl Hawaiian Tree Fern F awananPla t Male Tree Fern q Family Dicksoniaceae ,. .0 j°Qn: I . Potential or Traditional Uses" Landscape i IR Description Mn , Databaseitn ` Ciborium menziesii is Hawai`i's largest tree fern. It can reach 35 feet in height, but often go —I. e. ��, grows only 7 to 25 feet tall. The trunk can be up to 2 1/2 feet in diameter. The fronds arch ��Pe IT- and can row as long as 12 feet. The fronds of Ciborium menziesii are smooth and slightly g g paler underneath with yellowish midribs. They are singly divided, but the divisions are �'s� :�C3atabas s_.r lobed. Soft, brown hairs cover the young fronds, but upper parts of the frond stalks are .. .° covered with stiff, black hairs. The spores form in pouches at the ends of the smallve ins. - .T (Bornhorst 1996; Smith 1999¢; Valier 1995) Habitat and Geographic Range ae�... ;... Cibolitrm menziesii is an endemic Hawaiian tree fern and is found on all the major €eO��:�� ����.����mo�� ME Hawaiian islands. This tree fern can grow either terrestrially (on the ground) or ;p$gx;;`� " 6 epiphytically (on trees or shrubs). It grows in moist and wet forests and is most common at elevations ranging from 1,000 to 6,000 feet. Smith 1999a; Valier 1995 Propagation by Spores Cibotium menziesii can be grown from spores. Spores should be collected from mature timN. ' fronds of healthy plants. The most mature fronds are generally those lower down on the 'KIIIE .°:`mW°'� 'Plant. The spore containers{sori) on these fronds should appear full and plump.The frond " - branches(pinnae) should be removed from the main frond stem and dried in paper bags, ; envelopes, or folded newspaper packets. Place each frond piece in its own paper container ° with the spore side down. To ensure that the spores dry quickly and do not mold, place the R°aee. ° containers in a single layer in a warm,dry location for 2 or 3 days.The ripe spores will aaa; RE fall off of the fronds. The spores can be separated from the remaining debris using ave °Ytl; :em°e m g=P P P g g very ti a_ fine screen or seive. http://www2.hawaii.edu/—eherring/hawnprop/cib-menz.htm 10/19/2013 Cibotium menziesii (Hapu`u) x SPP No. ?2WbI 3 Page No. 003283 Sanitation is an important part of sowing fern spores to prevent both fungal infections and 3 cross contamination by other fern spores. Smith uses a commercial mix containing sphagnum peat,vermiculite, and perlite (Pro-Mix). He moistens this mix with distilled w a waves ' a lidded container for 1 minutes n t high setting t water and micro it m contai e 0 m n tes o he s of he ` .. g g microwave oven. m "•eC�::66E:veeve:e:::::: After being heated in the microwave the planting mix is spread in a sterile plastic tray ET a:Gee,P with a clear plastic lid "humididome" and allowed to cool. The cleaned spores are spread on the surface of the mix and moistened with afine spray of distilled water. Smith suggests that mixing the spores with water and spraying them onto the planting mix can provide more even distribution. Replace the lid as quickly as possible to prevent contamination. '~ mMe Clean, dry spores can be stored in paper envelopes or packets. Place the envelopes in an �a m,<:a:.�..p.: P,', air air tight container and place it in the refrigerator. (Smith 1999a) Propagation by Cuttings Cibotium menziesii can be grown from the side shoots that form on the main trunks. (Bornhorst 1996) s= % Propagation by Division Not applicable. Propagation by Air Layers !`x` '°.eee�:Po Not applicable. " Propagation by Grafting Not applicable. Propagation by Tissue Culture No information located to date References Bornhorst, Heidi L. 1996. Growing native Hawaiian plants: a how-to guide for the gardener. Honolulu: The Bess Press. p. 74-76. Yen.3?ip"%'.L�.°mPee ea.�a`F. •«.�^.::^:^��.e'A: Hensley, David, Rhonda Stibbe, Norman Bezona, and Fred Rauch. 1997.Hapiru (Hawaiian tree fern), Ornamentals and Flowers, OF-16. Honolulu: Hawaii Cooperative � 3e3e e` Extension Service, College of Tropical Agriculture and Human Resources, University of '1= ve° Hawaii at Manoa. (Also available as a PDF file at Free CTAHR Publications.) ;�°�.�:;.:;nes�=:mm•®�".tress'-,�.,:�u :-.:.::-::����~�•~ate a w Smith, Art. [1999a.] Cibotium Nfenziesii.... Tree Ferns in Hawaii[Web site]. [Cited 17 February 2000 . Available from lett fwwwl.internac.net!—artsmith/treeferns , I-gi, ITlenziesii.i}tm Smith Art. [1999b.] Tree Fern Sport Notes..... Tree Ferns in Hawaii[Web site]. [Cited r`q�ntla 17 February 2000]. Available fromw Mn ;ye a a' Itittp:/.!wwwl.interarc.net/—artsmithr`treefernsr'spores.htm. N.M° ������=.a�m �:-•' :=<";;,_„ eeu Valier, Kathy. 1995.Ferns of Hawaii. Honolulu: University of Hawai'i Press. p. 52. �`..�.«i«3:a",ry°�Le`�`°��F�•":.i.tE�;;;;'�a`=•�e9 httpa/www2.hawaii.edu/--eherring/hawnprop/cib-menz.htm 10/19/2013 Cibotium menziesii (Hapu'u) SPP No.$2963 Page No. 003284 The image in this record is used with permission from Art Smith's Web site "Tree Fems in Tegudate ;:: Hawaii" at htt :P=wwwI.inter ac.net/-artsmithl(treefernslindex.htm 000 '�`e�e`com;naeit�s• ii�a; � ier$�awa�t:rclu http://www2.hawaii.edu/—eherringlhawnprop/cib-menz.htm 10/1912013 The True Carr of LEED-Ceufird Goren 13widmgs HEAMNO/Pi INWA1R CahrDMOr nNG� - SPP No. 12-000138 NPACPa 1 S"3285 ENGINEERING The True Cost of LEED-Certified Green Buildings Stephen.Vamosi,PE;Intertech Design Services;Cincinnati,Ohio Sal,2011-01-01 12 00 Columnist examines what contributes to the higher price tags of green designs Editor's note:The follo wing is Pb rt g of o three-part series. Many industry professionals believe that seeking Leadership in Energy and Environmental Design(LEED)certification will put an additional financial burden on new and existineremodeled buildings.Let's take a closer look at what goes into the cost of a LEED design, • Possibly higher energy use(See Part 1 of this series," ,"November 2010). • LEED certification fees. • Construction-related expenses for architects,engineers.LEED advisors,etc. • Site clearing and debris separation/disposal. • Green materials and equipment. • Post-consttvetian monitoring/environmental-control systems. • Higher operating expenses. IEED Certification Fees According to recently filed court documents,the minimum cost of LEED certification is S2,9oo for a new budding under 50,000 sq ft.i LEED certification fees fora newly constructed building over 5oo,000 sq It amount to$2a,0oo(plus a$goo initial registration fee).In California,certification of a new hospital exceeded$i milliaa A r-2-million-sq-ft mixed-use office budding with a s400 million budget estimated the cost of LEED certification is"only 0.27 percent of the total cost,"which represents an additional S1.08 million. Cona metion-Related Expenses Construction-related expenses for LEED-certified buildings can increase a project's cost by about io to 3a percent.LEED certification alone can account for 5 to t$percent of the total construction cents,not including funds required far other mandated expenses. Architects and engineers usually demand higher fees fur green desigruL Green designers add value to the end product and provide extra services.A green-design professional typically charges t to 2 percent more for a LEED-certified building design. These figures do not include the rates of a LEED Accredited Professional(which can increase design fees by io to is percent),LEED-certification application fres;,or the costs mated with monitoring and reporting building performance. Site Clearing and Debris Separation In the early phases of the"green revolution,"contractors voiced their concerns about spending excessive amounts of money and wasting time on carefully picking and separating various materials that result from the demolition of older buildings.Having separate Containers for brick,drywall,steel, wood,etc.was a job luller.The disposal of some recovered material,such as steel and copper,might have been financially advantageous,but most separated materials were dumped into the same landfill. Green Materials and Equipment The cost of green-certified materials can become an issue when LEED design guideline,favor one material source over another.Building Design+Construction discussed wend certification in its March 2010 issue.2 According to the magazine,the U.S.Green Budding Council(USGBC)only accepts wend when it comes from forests certified by the Forest Stewardship Council(FSC).The problem is 82 percent of FSC forests are outside of the United States and Canada-The USGBC apparently did not consider the cost of delivering certified wood thousands of miles from outside of the United States.Similar issues would arise if,for example,one drywall manufacturer or one steel supplier became a"designated green supplier." USGBC green-design guidelines delineate systems and equipment considered to be greem such as tarildess(instantaneous)water heaters.A gas heater's overall energy efficiency ranges from 25 to 30 percent,as opposed to the 92-to 95-percent thermal efficiencies of storege-tank-type water heaters. Electric water heaters theoretically are coo-percent efficient at the point of use.However,electric energy typically is delivered to the point of use at an overall efficiency of approximately 30 percent.(A 3-gpm instantaneous water heater with a 7o'F rue requires a 32-kw heating element.)The Costs of larger electric feeders,switchgear,and internal wiring mist be considered.However,USGBC guidelines do not even mention overall system efficiency as a criterion for awarding extra points.The result is that final designs frequently receive points for non-economical designs. Post-Construction Monitoring To comply with Ude muuitoring and reporting post-construction performarive data required for LEED certification,a buildings mechanical,electrical, and plumbing systems must have a sophisticated data-collection/evaluation system installed Small-to medium-size buildings traditionally do not specify,install,and maintain that kind of equipment.This one item could add up to several thousands of dollars worth of computer hardware,sofh are, and sensors.Larger buildings normally are prepared to include complex data-rerording'reporting systems,somewhat reducing the additional-cost impact.Also,larger buildings normally have dulled operators on staff,while small-and medium-size buildings might not. Post-construction monitoring costs typically are recurring.Data Collection and complex submittal caiculatiotis need to be repeated annually for every building. Conclusion Pare L and 3 of this series are full of pro and can arguments about green designs.It is almost impossible to keep up to date on new developments on a daily—or even weekly—basis.Other issues about the effects and impacts of going green not mentioned in these columns are equally important and will play a significant part in the overall operating Costa and energy efficiency of buildings. References i)Henry Gifford,Gifford Fuel Savings Inc.vs.U.S.Green Building Cauncil,David Gattfield,Richard Fedrlal,Rob Watson,Jana Doe,Jahn Doe,et al., 10 Civ 77g7(sots). 2)Cassidy,R.(lata,March).End the battle of FSC vs,SFS wend in LEED.Building Design+Construction.Retrieved from !riin/r�•��-tg.lsdrri unrk rnrro artrlrMi-wxuxl-Ieed Stephen J.Yamost PE,isprincipal and ch ief erecutiue officer of haerrech Design Services(urn w-interrmlidesinn,cert an a rch itecture and engineering firm specializing in the design of commercial,medical,educational,and retail buPolfngs.He also is a professor emeritus for the University of Cincinnati and a member of rhe American Society of Heating,Refrigerating andAir-Condirioning Engineers. hup Apac corrVpnnVcolw ns enarneanng-areeNim-can-feed-buddirip-i)11 iI III 17-+x13 11 2103 PMI '[he T—C-1 ur LE[O-Caner l Green®wldings SPP Na. 12-000138 Saurre IIRL:hPrn r' hn7r ram.'enh lrneinrr �eneen!true<nsi Irrcl-hi3±lchne; nit] Page No. 003286 hip rips cum+pnnvculu m mSintenny-yceetime-cml lmi-be:Eld,np-Vl 1111U 1'2013 11 21 03?NIT SPP No. 12-000138 Page No. 003287 WRITTEN FINAL TESTIMONY OF TERENCE YOSHIOKA Critical to the evaluation and understanding of this Petition is the Hawaii Supreme Court decision in Neighborhood Board vs. State Land Use Commission, 64 Haw. 265 (1982) wherein a special permit granted by the Land Use Commission which would have allowed 103 acres of land in an agricultural district to be used for a recreational theme park was overturned. The Appellant in Neighborhood Board contested the issuance of the special permit on several grounds including, inter alia, that: (1) Chapter 205 required the applicant to pursue a district boundary amendment rather than a special permit; and (2) the applicant failed to meet the substantive special permit requirements of HRS §205-6 and the Land Use District Regulations. In overturning the special permit, the Hawaii Supreme Court held at pages 269 and 270 that "HRS §205 allows the county planning commission and the LUC to issue special permits for 'certain unusual and reasonable uses within agricultural and rural districts other than those for which the district is classified' but only when the use would promote the effectiveness and objectives of[HRS Ch. 205]." Whether a particular use is 'unusual and reasonable' is determined by applying the five guidelines set forth in the Land Use District Regulations §5-2 to the proposed project. Section 5-2 requires the following: (1) Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. (2) That the desired use would not adversely affect surrounding property. (3) Such use would not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage and school improvements, and police and fire protection. 1 t. SPP No. 12-000138 Page No. 003288 (4) Unusual conditions,trends and needs have arisen since the district boundaries and regulations were established. (5) That the land upon which the proposed use is sought is unsuited for the uses permitted within the District. The Hawaii Supreme Court deemed it "unnecessary" to review all five guidelines as it found that the applicant "failed to comply with the first and critical requirement that the proposed use not run contrary to the objectives sought to be accomplished by the Land Use Laws and Regulations,the counterpart of the statutory mandate that the proposed use promote the effectiveness and objectives of HRS Ch. 205." [Supra,p. 270] After lengthy discussion of the procedural and substantive differences between the special permit and district boundary amendment processes, the Hawaii Supreme Court concluded at page 273 as follows: The interim statewide land use guidance policies enumerated in HRS 205-16.1 (1976 and Supp. 1981) and the Hawaii State Plan HRS Ch. 226, themselves articulate as planning objectives the avoidance of scattered urban development and the accommodation of urban growth in existing urban areas. [Citations omitted]. We do not believe that 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. [Citation omitted.]. We therefore conclude that Oahu's Kahe Point proposal is not an 'unusual and reasonable use' which would qualify for a special permit under HRS §205-6 and that planning commission and LUC abused their discretion in approving Oahu's application. The proposed recreational theme park is more properly the subject of a district boundary amendment petition which would be considered in accordance with the requirements of procedure and proof as set forth in HRS §205-4. As noted by the Hawaii Supreme Court,the "essential purpose" of the special permit is to "provide landowners relief in exceptional situations where the use desired would not change the essential character of the district nor be inconsistent therewith." [Supra, p. 271]. It seems,therefore, that the test to be applied to determine if a district 2 ti„ p SPP No. 12-000138 Page No. 003289 boundary amendment is called for should be: is the proposed use a "major urban use" that "changes the essential character of the district" or "is inconsistent therewith"? To answer this question as to this project, we need only refer to the County of Hawaii Planning Department Revised Recommendations wherein it is stated at section (F)on page 782 that "[t]he proposed school will alter or change the essential character of the land and its present use from its current undeveloped character." Despite its acknowledgment,the Planning Department apparently overlooks or accepts the change because of Petitioner's proposal to construct single story structures similar to the surrounding residential community. [Supra]. Even if Petitioner was able to construct a gymnasium that was only one-story high,the Planning Department limited view of what constitutes a "change" to "the essential character" of the property is unrealistic and shortsighted.No matter whether one story or not, the construction of elementary, intermediate and high school classrooms, an administrative center, a 140-space parking lot, a library/resource center, a 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 facility to house the inter-generational program would, by any standard, change the essential character of the land from an agricultural district to an urban district. Furthermore,the Planning Department's narrow view of what constitutes "change" ignores the nearly 500 students, teachers and staff that will occupy the property at least five days per week, and the hundreds of buses and cars going to and from the property each day. It also ignores the noise and dust that must be endured for 16 to 25 years while the improvements are constructed on the property. All of these consequences 3 �. SPP No. 12-000138 Page No. 003290 must and should be taken into consideration to determine if the "essential character" of this property will be "changed."And, obviously, the scrutiny should not be restricted to the height (i.e. one story) of the buildings to be constructed. In reliance upon the foregoing, 1 urge the Hearing Officer to rule that the school does constitute a "major urban use" of the property which will "change the essential character of the district" or"be inconsistent therewith" so as to require that the proposed use be effected by a district boundary amendment and not a special permit. If this application does not require a district boundary amendment, it must yet be denied for failure to satisfy the seven criteria set forth in Rule 6-3(b)(5) of the Planning Commission Rules of Practice and Procedure. As pointed out in the Neighborhood Board decision, "[w]hether a particular use is 'unusual and reasonable' is determined by applying the five guidelines set forth in the Land Use District Regulations §5-2 to the proposed project." lNeighborhood Board at page 270]. Those five guidelines are now set forth in §15-15-95 of the Land Use Commission Rules. Its counterpart for the County of Hawaii Planning Commission is contained in Rule 6-3(b)(5) and has been expanded to seven criteria. The two additional criteria are: (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 Conununity Development Plan and other documents such as Design Plans. The additional requirement that the "proposed use will not substantially alter or change the essential character of the land and the present use" is consistent with the Neighborhood Board decision to require a district boundary amendment if this requirement is not satisfied. In short, Rule 6-3(b)(5)(F) merely codifies the ruling in 4 SPP No. 12-000138 Page No. 003291 Neighborhood Board and forewarns any applicant for a special permit that the special permit cannot be granted if the "essential character" of the land and its present use will be "substantially altered." Clearly, then, only a district boundary amendment can authorize the proposed use if the "essential character" of the agricultural district will be changed and it matters not if the remaining six criteria of Rule 6-3(b)(5)can be satisfied. Assuming, without conceding,that Petitioner's failure to satisfy Rule 6-3(b)(5)(F) is, by itself, not sufficient to deny the special permit, the next issue must then be: How many of the other six criteria must be satisfied before this special permit can be approved?Rule 6-3(b)(5), itself, gives no indication that anything less than all seven criteria is required. Had the authors of Rule 6-3(b)(5) intended to accept 5 or 6, or even a simple majority of the seven criteria to grant a special permit, then why not state so? What line of reasoning can support a belief that less than all seven criteria must be met to grant a special permit? Without additional words of qualification in Rule 6-3(b)(5), it would be pure arbitrary guesswork to select a number less than seven. If we assume, nonetheless, that not all seven criteria must be satisfied, and we review the Petitioner's and Planning Department's position on the criteria, there is a clear acknowledgment that at least three of the seven criteria have not been met. For example, with respect to Rule 6-3(b)(5)(B)which requires that "the desired use would not adversely affect surrounding properties", the Planning Department concedes that "the proposed use is anticipated to have an adverse affect on the surrounding properties, but these adverse impacts can be mitigated to minimize these impacts through conditions of approval." [Planning Department's Revised Recommendations, p. 7]. 5 SPP No. 12,000138 Page No. 003292 The use of the term "minimize" is erroneous and totally without support. The Random House Webster's College Dictionary defines "minimize" as "to reduce to the smallest possible amount or degree." As increased traffic and noise are expected to negatively impact surrounding properties, "minimizing" these adverse consequences would mean reducing the extra traffic to one car and reducing the noise to one decibel. It is obvious that these results are unattainable. Without questioning the accuracy or reliability of Applicant's Traffic Impact Analysis Report (TIAR), we know that the school will generate much more traffic going to and from the school. Based upon the TIAR, we can expect at least 621 more buses and cars (p. 536). Except for construction of a left turn lane from Edita Street turning into the school (p. 887), no other action is being recommended by the Planning Department to mitigate traffic delays caused by the school traffic. Neither the Planning Department nor Applicant can state that traffic delays will not be experienced by the surrounding property owners. Whether these delays are classified as "better than acceptable levels of service" [Revised Recommendations, p. 8861, for those Kaumana residents who are used to no traffic delays currently, having to wait 8 to 11 seconds(p. 536) before entering to and from Kaumana Drive because of the school traffic will be irritating and upsetting and adversely affect the daily routine and quality of life. Equally, if not more upsetting to the surrounding properties, will be the noise generated by the increased traffic, school activities and 16 to 25 years of construction of the school improvements. Petitioner seeks to avoid this adverse consequence by saying that it will plant landscaping. But we all know, and it is common knowledge, that heavy 6 - SPP No. 12-000138 Page No. 003293 growth of trees and other vegetation near a construction site does not negate the noise emanating therefrom. And even traffic on Kaumana Drive can be heard despite the barrier of trees between Kaumana Drive and Pacific Plantation Subdivision. Even if the noise from this project could possibly be lessened or abated by landscaping,the issue is this: by how much?No evidence has been submitted by Petitioner to show how much traffic, school and construction noise wouJd be generated by this project, nor by how much such noise would be reduced through landscaping. As it is Petitioner's burden of proof to show that it has met the criteria for the special permit, failure to present such evidence means that Petitioner has failed to prove that the surrounding properties will not be adversely affected. Another criterion that the Planning Department has admitted has not been met is that "[t]he use will not substantially alter or change the essential character of the land and present use." [Rule 6-3(b)(5)(F)]. This requirement as already been extensively discussed hereinabove and need not be repeated. Subsection(E) of Rule 6-3(b)(5)requires that "[t]he land upon which the proposed use is sought is unsuited for the uses permitted within the district." Because of the "poor" quality of the soil,the Planning Department concluded that "the land upon which the proposed use is sought is unsuited for agricultural uses permitted within the Agricultural District" [Revised Recommendations,p. 8891. In contrast,the Petitioner stated at pages 48 and 49 of its Petition that "I_d]espite the poor agricultural qualities of the property, the school does intend to include an agricultural program,the purpose of which would be educational rather than commodity driven, and would focus on teaching sustainable practices" including hydroponics and the cultivation of fruits, vegetables, 7 SPP No. 12-000138 Page No. 003294 nature trees, plants and ornamental plants. Petitioner also intended to use the property for raising of livestock and the development of a forestry/conservation program. [Supra]. The Planning Department, in order to find the land unsuitable for agricultural use, has overlooked many of the agricultural uses cited in Chapter 205-4.5, HRS, that are not dependent on good quality soil, such as game and fish propagation and public recreational areas such as camps, picnic grounds, parks, etc. Petitioner, on the other hand, has had to concede that the land is suitable for agricultural uses because of its selection of the site for its agricultural program. It was caught between the proverbial rock and hard place. It if admitted that the property was not suitable for agricultural uses to satisfy Rule 6-3(b)(5)(E), then there would be no justification for placement of the school in an agricultural district. But if it admitted that the property was suitable for agricultural uses,then it would not be able to satisfy Rule 6- 3(b)(5)(E). Unfortunately for Petitioner, it cannot have it both ways. So the land, by its own admission, is not unsuitable for the uses permitted within the agricultural district. To conclude what has already been a lengthy closing argument,but without conceding that the other unmentioned criteria have been met, let me point out that because the subject property is more than fifteen acres, Rule 6-9 of the Planning Commission Rules requires approval of the Special Permit by the State Land Use Commission. Both the Planning Commission and Land Use Commission are required by their respective Rules [.e. Chapter 15-15-95 and Rule 6-3(b)(5)] to find that the proposed use is "unusual and reasonable" and would promote, or not be contrary to,the objectives of Chapter 205 and our State Land Use Laws. 8 SPP No. 12-000138 Page No. 003295 The Planning Department has determined that the proposed use is "unusual and reasonable" independent of the seven criteria set forth in Rule 6-3(b)(5). In the instant case,the Planning Department found Petitioner's proposed use to be "unusual" because a school is "not normally considered agricultural in nature." [Revised Recommendations page 8851. If this approach to determine what is "unusual" is upheld, then all proposed Special Permits would automatically qualify as "unusual" since each Special Permit is sought to allow a non-agricultural use in an agricultural district. The Planning Department also concluded that Petitioner's proposed use was "reasonable" because the school is "required to support the agricultural community in which they are located" [Supra]. There is nothing on record to support this conclusion nor is there any rational discussion as to how this conclusion was reached. And even if a school can be considered a "reasonable" use in an agricultural district,how do we determine if this school is a "required" service in the subject agricultural district?There has been no showing that another school is desired or needed, much less "required", in the subject agricultural district or any other nearby agricultural district. Why then is it "reasonable" to allow this school to be injected into this agricultural district without such proof? To conclude that the proposed use is "reasonable" by utilizing the Planning Department's definition would be pure conjecture and unsustainable by any burden of proof. Accordingly, I urge the Hearing Officer to find that the Planning Department's determination that the proposed use is "unusual" and "reasonable" to be in error and without any basis in fact or in law. 9 SPP No. 12-000138 Page No. 003296 Conclusion Authoritative case law requires that the district boundary amendment process be utilized if the proposed use changes the essential character of the district. Without question, the construction of a kindergarten through twelfth grade school will change the essential character of the subject property from agricultural to urban. As such,the special permit process utilized by Petitioner is inappropriate to authorize the construction of the school. Even if the special permit process is deemed appropriate, Petitioner must,yet, fail as it has not satisfied all of the seven criteria prescribed by Rule 6-3(b)(5) to qualify the school as an "unusual and reasonable" use. For example, the noise and traffic generated by the project is an admitted adverse impact upon the surrounding property owners which will persist for no Iess than 16 to 25 years (as to the noise) and forever(as to the traffic). In addition, Petitioner has failed to show that the property is unsuited for agricultural uses. In fact, Petitioner has admitted that it is suitable for the growing of crops and for forestry/conservation purposes. Without words of qualification or limitation,there is no logical or justifiable basis for allowing a special permit to be issued if all seven criteria of Rule 6-3(b)(5)have not been satisfied. As the foregoing arguments point out, criteria (A), (B), (E), and(F) have not been satisfied and for that reason, the Petition should be denied. 10 SPP No. 12-000138 Page No. 003297 Testimony of Henry K Lee Loy on day three of the contested case hearing Good morning Madame hearing officer. My name is Dr. Henry Lee Loy and I live at 1579 Mele Manu St. The TRAFFIC IMPACT ANALYSIS REPORT by Mr. Philip Rowell states that the PURPOSE and OBJECTIVE of the study was to identify potential deficiencies adjacent to the study project that would impact traffic operation in the vicinity of the proposed project. I will present you evidence that his study failed to meet its purpose and objective. The report states future traffic growth consists of two components. The first being ambient background growth and the second component is the estimated traffic that will be generated by other development projects in the vicinity of the proposed project. Related projects are defined as those projects that are to be constructed adjacent to the study project and would significantly impact traffic in the study area. His report states, "no related projects were identified". The report also presumed "that there would be no traffic growth of traffic along Edita Street". Contrary to Mr. Rowell's report 1 am submitting evidence that Mr. William Brilhante`s 45 lot subdivision adjacent to the proposed school was tentatively approved by the planning department in 1998 and resubmitted as recently as August 12, 2012. Traffic from his subdivision is to unload onto Kaumana Drive via Edita Street. I am also submitting evidence that another 83 lot subdivision called Kumulani Gardens has received tentative approval as of July 24, 2012. The entrance to this 83 lot subdivision will be approximately half a mile from the intersection of Kaumana Drive and Edita Street. Mr. Rowell failed to identify this project in his report. His report also fails to identify other projects in the vicinity including the Department of Hawaiian Homes residential subdivision, the 39 lot Hokulani St. subdivision, the 23 lot residential subdivision at the intersection of Kaumana Drive and Mohouli Street extension, the-100 bed Skilled Nursing Facility on Kaumana Drive and the Mohouli Senior Phase 1 Housing Project at Mohouli Street extension. SPP No. 12-000138 Page No. 003298 Madame hearing officer, today as you approach Kaumana Drive for a site visit please drive carefully as you will see the road is narrow and winding. On your left you will note construction of the 100 bed skilled- nursing facility, the shark teeth striping on the sharp curve just above Terrace Drive, the numerous side-streets and driveways that feed onto Kaumana drive, the location of the 83 lot subdivision on your left near Alahelenui Street, to your right is Hokulani Street which will soon be open to traffic from the Akolea plantation subdivision and a new 39 lot subdivision. (Please refer to the colored map I provided for you). Imagine the roadway slick with rain and think of the safety of the Kaomana community. Thank you for your time. Respectfully submitted, Hn KI_ e ry eLoy 1 579 Mele Manu Street Hilo, Hawaii 96720 ��Ohl/�j••�����+��I��♦I 4. `,I���`.`'�� �Ijr������rl��`�O�d:��isG���"►ate S; +i i�i���. <��11 �,s �������O�♦�1 mffJF IAD ►���fr...r■w Lam WE rz,4%gAva-,I I r, r N AM 700 WAR Fes% � � ��. • �\ ♦� , ,� �e 1 . r •1�'i �- SPP No. 12-000138 Page No. 003300 Uj 12 s� � � a Z r ys� e � a � �1�/ is ,, '�\`�. � .;i � ` � �\ }'•�\\ � •:� e � , t � l 4�� � yE35 •� f °'13 .11 i -Tt gyp~ :y "'r � �tif /' I t � �A I Zi ! �a I fes- + 9 I f • °; SPP No. 12-000138 alp William P,Kenoi "'�r,, BJPE@i%ePd' 6933 01 iftgtir Director Margaret K.Masunaga Depury Wesl HawaN OiTica E'•astBawai't OlTce 74-5044 Ane Kcahakslole Hwy • • 101 Pauahi 5[nx,-Suite 3 Ki lua-Kona.Hawei`i 96740 County of Hawal x Hilo,Hawei'i 96730 Phone(80613234770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT rax(808)961-8742 July 24,2012 Jason K. Inaba, PE Inaba Engineering, Inc, 273 Waianuenue Avenue Hilo, HI 96720 Dear Mr. Inaba: TENTATM APPROVAL _ SUBDIVIDER: KIDDS DEVIELOPMENT CORPORATION i,•,"Kumularll Gardena" t .—_ Proposed Subdivision of Parcel A-1-A, Into Lots 1 to 83Inclusive,Lots R-11, R-2&R-3 •� Road Lots"A &B'and Mokihana Street Extension, Being a Portion of Grant 5484, Ponahawai, South Hilo, Island of Hawaii, Hawaii TMK* 2-5-M:061 SUB-04-044019 Please be informed that Tentative Approval of the remised preliminary plat map dated October 15,2008,is hereby granted with modifications and conditions. The subdivider is now authorized to prepare detailed drawings of the subdivision plan in accordance with Chapter 23,Subdivision Control Code, County of Hawaii, as modified. Before final approval can be granted,the following conditions must be met: 1) Water System a) Provide a water system meeting with the approval of the Department of Water Supply. b) Submit water system construction plans for approval by affected agencies. c) Pay installation and facilities charges as required by the Department of Water Supply. 2) Drainage a) Identify all watercourses and drainage ways and encumber with drainage easements. =AN � t5%t N%.mhj)1&nqingdc Hawaii Caurrfy Is an Equal apparturrity Provider and Empinyrr danninua.co.hast nii.hl.us 11 11 n r- nnan SPP No. 12-000138 Page No. 003302 Jason K. Inaba, PE Inaba Engineering, Inc. Page 2 July 24, 2012 3) Access and Roadway Improvements a) The location of the connection of Mokihana Sheet Extension with I' aOmariA_Drive shall meet with the approval of the Department of Public Works(DPW), including sight distance. b) Provide a Traffic Impact Analysis Report(TIAR) to DPW-Engineering Division. c) For Road Lots A, B and Mokihana Street Extension,construct minimum 32-ft.wide dedtcable pavement with concrete curbs.gutters and sidewalks within a minimum 50-ft.wide night-of 4 _ conforming to Standard Detail R-32 and R-34. Stipulate the specific intent of Lots R-1, R4bnd R•3, including access destination. d) Roadway design, including allowable street grades and minimum sight distance requirements, shall conform to the standards of the code. e) Provide minimum 20-ft,comer radius at the intersection of Road Lot°A°and Road Lot"81'with Mokihana Street Extension and Mokihana Street Extension with KaGmana Drive. f) For cul-de-sac, construct dedicable turnaround conforming to Standard Detail R-32. g) Utility poles shall be located in the road right-of-way as shown on DPW Standard Detail R-35 (Revised). The subdivider shall contact the utility companies to determine the width and location of any required easements and shall show the easements on the final plat map, h) The proposed Mokihana Street Extension shall connect to the adjacent existing Mokihana S A, 110 Submit I-proposed street names conforming to the adopted street naming policy of the County of Hawaii. j) Submit construction plans and drainage report for review and comment. i. Additional storm runoff due to development shall be disposed within the subdivision and shall not be discharged onto adjacent properties or roadways, ii. install streetlightsJsignslpavement markings as required by the Traffic Division, Department of Public Works. 4) All easements affecting proposed lots shall be identified for its purpose and to which proposed lot(s) and/or grantee(s) the easement is in favor of. This shal4 be shown on the final plat map. 5) Wastewater Improvements. All wastewater plans shall conform to applicable provisions of the State Department of Health's Administrative Rules,Chapter 11-62,Wastewater Systems. 6) Comply with all conditions of approved Change of Zone Ordinance No. 716 (REZ 396). in summary, the conditions are generally as follows but not limited to: time extension request,zoning of the property in two (2) increments; and compliance with the County's current affordable housing requirements(Chapter 11, Hawai'i County Code). 6) Property Tax Certification, Submit written proof that all taxes and assessments on the property are paid to date, 7) Surveyor's Certification. Place property markers in accordance with the final plat map. Surveyor shall submit certification upon completion. SPP No. 12-000138 Page No. 003303 Jason K. Inaba, PE Inaba Engineering, inc. Page 3 July 24, 2012 8) f=inal Plat Map. Submit ten (10)copies of the final plat map prepared in conformity with Chapter 23, Subdivisions, within one year from the date of tentative approval,on or before July 24, 2013. If not,tentative approval to the revised preliminary plat map shall be deemed null and void. Only upon written request from the subdivider and for good cause,the director may grant to the subdivider an extension of time within which the subdivider may file the final plat. As part of final plat map submittal,provide an additional copy of the final plat map as a ".dwg"or".dxf"diskette file prepared by CAD software. In the alternate,a digital copy of the final plat map may be e- mailed to the Tax Maps and Records Supervisor at planning&o.hawaii.hLus. 9) Time Limit. Subdivider shall complete all requirements specified as conditions for tentative approval of the revised preliminary plat map within three(3) years of said tentative approval,on or before July 24, 2015. An extension of not mors than two(2)years may be granted by the director upon timely request of the subdivider. Please be aware that tf at any time during the fulfillment of the foregoing conditions,should concerns emerge such as environmental problems or other problems which were earlier overlooked or not anticipatedlaccounted fibrin datalreports available to date, this could be sufficient cause to immediately cease and desist from further activities on the proposed subdivision,pending resolution of the problems. The Planning Director shall confer with the listed officers to resolve the problems and notify you accordingly. No final approval for recordation shall be granted until all the above conditions have been met. Land shall not be offered fbr sale, lease or rent until final approval for recordation of the subdivision is granted by the Planning Director or the proposed subdivision has been issued a preliminary order of registration by the Department of Commerce and Consumer Affairs (DCCA)In accordance with the requirements of Chapter 4134, Hawaii Revised Statutes. Should you have any questions, please feel free to contact Ed Cheplic of this department. Sincerely, 8J LE1THEAD T DD Planning Director ETC:inm 11Cah3'ilplemim *bG-VWrrin Permits DktioniSubdiwiiw 20i2l5UBc2012-3SU9-0 -OMI9KiddaDevCorpKumuWniGardemTA,dw Enc.; Revised PPM (10-15-08) e a`�?;¢'�`k `sp 'aEi:,m". „�< '-�:,>;..x,�ar x., e:��,E�Ew: mmP..:&:.�zn:a .M,zE r• n.eiE `.: '��»:'�e. ,. .l:05:m- §r"a�s.��_ a@.x C� � a ,a'' � .eE;E.:::s:....:,i .k% ,;may,_ ,:.�,°srx^,,�_:,,�__u;aEai°:;3�;.W:.e.�.e?s°i':-.;•� ° �,����..e�e._:� � � ... ,..... .... Wim:•:-::; ...d _. .... .... � -. ^1 ,.. E "t: TkMtM,�Y,OGCeMtW 20,2005 531 PM e .' rizOn«net' G 1W, &6 , Yuan. Chfis Subs SUB 87- OTO("Briihante)acjacant to Pacafcc Plantation at Mete Manu Street and Ed'ata Reber% I haft.spoken to the Director and he is comfortable with going with the extension of Mele MQnu Street Or, mqh the proposed subdivision as a 50-f cot wide, right-of-way, Take a careful look on i how this Mele Mum Street extension will approach Puainako Street and widen the right-of-way as necessary to acromftw&te arty-necessary fill areas along the shoulders of the roadway so it matches grade with a.. foMwingwill detail same of the items that we discussed at today's (X2/20105) meeting between you, Will AnOwnte,Karlyn Hamamoto representing tete applicant and Ben Ishii of VW-Engineering and 5ol of 5ftte WT fL A pen&rq 44 fat subdivision (SVB87-DUDD70)remains pending with this of Tice, Tentative approval Lmnmd an December 30, 1988, However, since this initial approval, the alignment of Puainako Street bw ed-sa thet the proposed lots will need to be reconfigured. Secondly,you expressed cancern regarding the preservation of this application in light of the zone district boundaries betWeen the A-10a and A-la zone as it bisects this property. I need to do a lot more research into 'this before I can give you a definitive answer, but will respect your desire to keep this application active given certain commitments gravrted upon the issuance of tentative approval. I gill continue mah-mybackgroLmd research into the location of the zone district boundaries and our�position reggiardknq tf+e preservation of this old subdivision application may change given racy findings. 2,: You r-oqvwst,the ability tO-proeess a relatively simple lot acjust-tient subdivision coneurrt with tlre. ^ ' tag# #o# r bdrvrsi�tlo w that this lot bdlustmartt pmt a$your can-garb�ot�ata s,t�tltka . nit"t of Publa 1Not tb c l w far c rarhag rtri ry tehfs s �r hr e��rart,, r Mrd! t you suht , �e hrr� � f rw ll J,0, c ron es of 1*6e SO cc tbriapp � � 9¢ 0. i `t=om OR TR 3 gcm;c.Ea.a; pfflP t 4 El- ....;... ::�•: ..s. .e .,. r^ ^S .. e>...�.. ,� ,v.t sEn<:<a.. �°:y�"3@e�mm £7 •„�� -�.��,� [ �^�,ate.^ E< v e( - .%!x-�t Pa•ae; �� ....asy�r",tt«;' ^ »>: ,•..' '`'ra. ."�"` :.'a a ,at" to °�;�' z; �x Y, gp na m � f9rade 4L§`:a i'_:L^e r na ;r::m aE?@s"a% '�S' '�. .syn ^:•.•a °'.: .^. ` n: -i. �: ;�•� �� ...,v._s_=:::wsb.~M""mm°�<«;�:»:>�. ,yes« °:�e�,,'°° � s •��>� ....-E: Tom«d«lix. rens e @ < »_�sara Q sE .yam. .•,Yq,w, :.x f Y Fr�:.. _ ip;.&g::.. '�a.. -s -a°r�aa:'�:¢;�'iE'L�is�{' ✓•E,..e..M.e::�°::k:.F.�..vq.'SP r��^.. & ? QYF�Y63 ...� ».A, ., U w.'Yy`.p"9^aX:°.m - v'».a.^ ..9�.ma»•�da_d, e>n�[����� "���� a..:^• '. _"... ._...:........Er °eE. -.^.-.'e'^ry�""r_ �.'3L'"��• v :?3 gg � ''S.: F:.'^.8�3 -'«:o-ae8• ^'��:.f; :,�'t"�.•.«`E.°�«�`>i�.°d.,...��..i�.. L".tlS� .�„-� ^@�„,.x.,,.»E.a<s a.6e@a:o o:,%ie`o5&b:..�w:w:,.<».,,,;:<'=:9j?:z.ma?..ez,a:7a........ .�•n�?'Tk '� `•�� :<�`h... ..�, �:�re. ��Ei"au�' .E�e ,�rsec.,?^..er. .$edme.e•:¢ SPP No. 12_000138 Page No. 003305 I { :�. .�;Ss euj;g d g- ,s d � :¢ ,�• 3 -fi",�. � �k d �d � - _ - _ s� ��g<, sem.:'" sa �'�:� �•� �* �� �r .� �� � Imo: � �°d �` 9 41M rpt° aat�t paii1f in"'Fie fufiur U r clis d ,-_� cassior�,up to the Pa"snt have been SUPPOrtive of a revised layout to aecommodote the current location of the Puainaka Stmt exTension and your cooperation in accommodating the extension of Mete Manu Street. dile did disaiss the extension of Mele Manu,deist short of its connection with Puainako, leaving a sl`sorI renwining section as a rood reserve. Should you proceed with this subdivision,all lots will load onto Kounum Drive until such time the County or State feels that this connection to Puainako is desire& NVot knowing when you will proceed with this subdivision has made me reconsider that full ion to Puaimako Street,alexag with all required intersection improvements,may be a requirement depending upon the status of the Edit* Street extension. Sol of DOT made it cl :ar that you cwmt have two full intersections along this stretch of Puainako Street. hope this ckn ifies some of the issues and questions that were raised at today's meeting. Dmyn 5. Arai Cawty of ii Pkm be�rt�n + A i CV" lot FWL00hi Stree, :41[tic :.3 ... Vii ,HumW 96720 r �aW PE .. ,, .. Pew = s- s:?. 3 s, .% e>ze a.. ' �",'4 m •„. ',• ts. ws xs,.�= " t° < e. »>F s. - »3,r . 5 ��. �.. R.—H01. � M d-S°EBb•:' 4<`..Re'w� m ^fit=' z-sSy.r."".°�°:�y s .•b 9;;:�:y. a .. a � s p '�E. 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'i-. r .°a nor.; m :<:c� >v=.asx; -•• �;- ..'.> Qaa .».. �,....,, �.�.�..a 'SK..: r `6i e �. ,� �3f. exp .x�'e::�d2�.> r y'"�":,s '� �:'?�'i"'' .r.,i: a'e"�"�i�.s d..�a,:��e�<.:"m .��� .aL•%s»F4=T�'�,.y ' �w.�..s«,.:rr, o;m >a2 '.: >ta «�%3•;:, ax��;e;e:.;...;,.... �r .� '"� °e~ � '� �` ��'% �t°t. > ...«. e. �. a .. �. .,.,:-.°.:,,-e,.:?r��'•.-:.=:: ,.�>M=:W.z;� 744 Art Kooftokatde Hwy IiAua-Kom Ihlaak"ail 9040 ', d4 v NoneF�➢xVF 9,l w e 9 . :aw� tae(809}3234770 SF 98 Nix MR.))'2?-W1 PLANNING DEPARfiME T' Page a � 42 'Aj-oust 23, 2012 S Bruce K. Meyers, P-E, 0kahara & Associates, Inc, 200 Kohola Stmet Hilo, ill 96720 Bear Mr, Meyem' RETURN SUBDIVISION APPLICATION ANIS PRELIMINARY PLAT MAP SUBDIVIDER. BRILHANTE-HAWAII, LLC Proposed Consolidation of Remnant A62 and Lot 36-Bd1 And Resubdivision into Lots 1 through 45, 3 Roadway Lots and 2 Drainage Lots, I Qk0au 2nd, South Hila, Island of Hawaii, Hawai'i TMK: 2-5-006:160 & 2®5-061:087,' This is to acknowledge receipt of ten (10) copies of the preliminary plat map dated August 6, 2012, and filing fee of$1,375.00 for the referenced application for 45 lots, 2 road lots and 2 drainage lots. Kowever, -egret that we are unable to process the application and are retuming it to you, The filing fee will be returned to the subdivider under separate cover, This applicalion proposes to consolidate and resubdivide properties that are zoned Apt a and A-10a into one (1) acre lots. The only gray to accomplish the subdividefs intent of 45 one (1) acre lots is to have a change of zone approved frr the A-1 Oa porfion of the proposal. We also find that the preliminary plat map is quite deficient in required information such as: . There is no description of.the proposed action (i.e. Proposed consolidation of .., and resubdivision into . NameaM Oddress o thieau i ri r, Adjacent property ow �h ► 01 ^^ Fm Tie to lad�a rat dinnsrors ardaf epio , ➢ <... .�..°.e Yr: ::. �s - e'w 'a �tlN iAN „„�� �• ff ipg -98 F ' Z"¢—F ...............^:.. ,s':s^•:t:;:,q:„+ mP:..°.Y'•F.. 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Widths of all existing streels Ohin or Aamit to fhe of 8COM 4M adjaMt to State highways, : Zoning upon sub and adjacent per, show zoned &W Wurdaries; Sites, it any, allocated for purposes other than singly- ily dweft 9, Proposed deed restrictions in ouffine form if any; 10, The approximate [=don within the suWMsion and in the a ljdnkrrrg streets and property of e*fing sers and water maids, culverts and drain pipes,eleat oondu is or lis pmposed to be used on the property to be subdivided and invert elevabons of sewers at points of pmposed cons', 4 i. Statement regarding water system to be installed,including source,quality aid quantity of wat 12, Provisions for sewage disposal,drainage and flood control why aro pmposed. The drainage map shall include the approximate location of was submit to inundAm or storm water oveftw and aQ areas covered by waterways, Including dies, gullies,streams and drainage courses wfthin or abutting the subdivision; 13, Parcels of unci proposed to be dedicated to public use, and me wrrditions of such dedicator+; and 14, Improvements to be made by the developer and the approximate time such improvemefft are to be completed. Sufficient detail regarding proposed improvements shall be submitter so that they may l checked for compliance with objectives of these regulations, State laws and otter applicalAe County ordinances. The vementfon items aro sante of the defidencies we obsemed,Nit ft subftkler is uffimately responsible to provide all information on ft preliminary plat map as mgWM by ft Subdi*sicn Code. 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Shite 3 Hilo, Hawai'l 96720 Dear Bobby, Thank you so very much for taking the time off Your busy schedule to fit lis in on Monday, 1 truly need some help and u17derstanding as I am at a loss gas whow 10 proceed. The original construction plan approval was signed off by PlanuinQ in 1998. This was after two revisions, That lay-cut clearly showed the 44 lots as we continued to use Mele: Mang Street as our roving guideline. I subsequently did not proceed ininiediately. as you 'Know the three passible: alignments were being considered for the Ptlainako Extension. I fully cooperated with the County in their new roadway and am still at the present tune assisting them in sorting their construction, slope and drainage easements as being required by the State, I have enclosed receipts for holding our water comanitments for the 44 meters until the present day. l have thus far paid $145,050.00 in this regard to Board of Water Supply.. my understanding is that this could be lost as it is non-refundable. I paid the original engineer for his work on the previous completed plans. In the past year, I haVe.contracted Dkahara acid Associates to complete the revised plans as Puainako is now in. They are the engineers who did the Puainako Street Extension. It is my sincerest hope that this matter may be resolved as I have been very open to the County on the whole Puainako Extension matter. You may check with Daryl Inaba of the County Land Section and with Warren Lee of Public Works. ^ Bobby, once again .1, h y request please try to help me with this matter. Sincerely, SPP No. 12-000138 Page No. 003309 Testimony by Pauline Ke'ala Lee Loy, 11/12J2013 I offer this testimony for my own clarity as well as clarity for those who have newly joined the opposition of the development of Connections Public Charter School (CPCS) on Edita Street in KaGmana. Today's hearing will ultimately determine the recommendation or denial of a special use permit request for the development of CPCS on DLNR property on Edita Street. CPCS has already been granted the lease for the property and is currently awaiting the green light to proceed with development. They plan to build a school to accommodate more than 400 students along with faculty and staff over a 16-25 year period. In opposition of this development is a Kaomana community unaware of the proposed project until long after the release of the environmental assessment. A full environmental impact study was not done. Connections Public Charter School implies that the community was included in the planning process, it was NOT, however, clearly established as to WHICH community was included but it was certainly NOT the neighboring community of the desired location of the school. Mr. Hong has also implied offense to the No Connections signage and alleged website. It simply represents the fact that NO CONNECTIONS were made between CPCS and the neighboring community of the proposed location. You will notice that CPCS posted keep out signs on the hogwire fence fronting the well-manicured parcel at our site visit today. As a community member I interpreted the signs as an act of intimidation and bullying and a counter reaction to the community who had erected NO CONNECTIONS signs to publicly declare the lack of inclusivity. A year ago former planning director Ms. Bobby Jean Leithead implored Connections Public Charter School to meet with the community. Since then the school held only one meeting back in Dec 2012 in the middle of a work day at their Kress Store building led by the Vice Principal of CPCS and paralegal Susan Lee Loy. The questions posed by the community members present were not adequately addressed in the absence of both Mr. Thatcher and Mr. Hong and there was no follow-up attempt to communicate with meeting attendees thereafter. Project Manager Celia Shen indicated in the last hearing that this project is an ongoing process and plans change, yet she has never approached anyone from the neighboring community to provide input as the company she represents (Will Chee and Associates) proudly advertises. In previous hearings we have been SPP No. 12-000138 Page No. 003310 consistently reminded that CPCS is NOT required to implement, follow or adhere to the same state guidelines enforced on schools that receive state and federal funds. it is certainly our hope that ANY school would voluntarily abide by all requirements and guidelines involving the health and safety of its constituents. There is no compromise. The moment that bulldozer crushed the first of many kumu 'ahl'a lehua and displaced the 'io (the hawk), 'aumakua of the area, they violated the land, the law and the lives of the community. Implicit vs Explicit Transparent vs Hidden Inclusive vs Exclusive Land stewards vs Land abusers They have broken our trust. Mahalo. Respectfully submitted, Pauline Ke'ala Lee Loy 1579 Mele Manu St. Hilo, Hawai'i. 96720 W -;tp g st .... ...... E� S 1,11g,*�k PT R .. ........... Ut M ggy rf" C4 I elm a Po� Nmm AK qk, pQ r ,W-1 .......... -gag N Mg 04". ME,8., WN �,NNN Rff-, ......... a_,�cm g -�flMm -M ig —MURN P-in F"eg 1� 'Mm ikv q "S N SPP No. 12-000138 1� AMP .: tale vE fa+ � ot MC WFU w SAM in QW, An An, b � n07 WARK -9 w x fs� z • e �. �, .Y .keg VP RA T , 8AISOr SAW 040 A -auk y Sys J. r x p 6 i a any ., al L 6 IY j swift iQ' bill 'Hai 792< e_ - �dSa_ .:ru°i.°..,...: z...:e.+a'ua.. --d:�.dre_.ma'. SPP No. 12-000138 Page No. 003313 June Sakamoto Resident of Mele Manu St. November 12, 2013 A laid-back pace, not too much traffic, knowing your neighbors, and enjoying a sense of community--this is what is so special about Hilo. This is the quality-of- life factor that endears people to this place. This is what we wish to have preserved in our Kaumana neighborhood. This is why I am against having the Connections school located on Edita Street. Traffic Impact My concerns about traffic and safety as stated in my previous testimonies remain. The traffic assessment report for this project states that it was based on the assumptions that there would be; 1) no future traffic growth on Edita St. and 2) very little growth on Kaumana Drive, being that"the surrounding area is relatively built out and the pertinent section of Kaumana Drive is expected to be used by local traffic only." The report goes on to say ""The second component in estimating future ' background traffic volumes is traffic resulting from other proposed projects in the vicinity.....No related projects were identified."Contrary to these assumptions, homes have been built and additional lots opened up for sale in Pacific Plantations Subdivision since the issuance of the report. This would lead to future traffic growth on Edita St. A new subdivision (Punahoa Mauka Estates off Hokulani St.) with access to Kaumana Drive has been developed with more yet to come such as Kumulani S/D with access via Kaumana Drive near Hokulani Street. These additions to traffic, plus more people taking Kaumana Drive to enjoy the much-improved Saddle Road, are important considerations in determining Connections School's impact on traffic. The traffic assessment report acknowledges "heavy traffic volumes" on Puainako Street Extension and Kaumana Drive but concludes that the traffic impact of Connections School will be minimal. Minimal to who? Certainly not to the people who will actually experience the increased traffic on Kaumana and Edita. Mr. Thatcher states in his school newsletter (Nov 19, 2012) that a particular skilled nursing facility being built on Kaumana Drive"WILL negatively impact the traffic on Kaumana Drive"... yet he says his school, with all its students, teachers, workers, special guests, and parents, will have little impact. How is that? E SPP No. 12-000138 Page No. 003314 A Lack of Good Communications with the Community At the urging of the Windward Planning Commission, Connections Charter School--represented by Eric Boyd--held a meeting on December 17, 2012, with members of the Kaumana community. Mr. Boyd presented a visual aid (attachment 1) to show that Connections has made sincere efforts to reach out to the community. Listed were meetings held between April 2009 and Dec 2012. The notation at the bottom states: "Each mtg: 149 notices were mailed to residents and owners within 500' perimeter surrounding property."This is untrue. The school has acknowledged their failure to adequately notify people and yet they continue to put out this kind of information. Here is my assessment of those meetings: April 16, 2009 Mtg, 5:30-7:30p, Kress Building (THIS WAS THE THURSDAY OF MERRIE MONARCH WEEK. Poor choice of date!) --The Final Environmental Assessment (Attachment 2) states "The school also held a public information meeting on April 16, 2009. This meeting was publicized by sending home informational flyers with the Connections'students, posting of informational flyers around the Kress Building and downtown Hilo, and by placing an information bulletin in the Hawai7 Tribune Herald." NOTE: There is no mention of notification sent to residents and owners within 500' perimeter of the property. --A small notice (Attachment 3) appeared in the calendar section of the 4/11/09 Tribune Herald: "Connections Talks Kaumana Campus,"5:30-7.30 p.m., Kress Bldg, Connections Charter School invites all to get involved in a discussion about the new Kaumana campus. NOTE: there is no mention of Edita St. or Kaumana Drive. Most people seeing this would not feel a need to attend, especially if they do not have school-aged children. --The flyer (Attachment 4) indicates: "Informational Dinner Night"..."Why: New Facility Development"....'7Caumana Property."Sounds esoteric to me. Again, there is no mention of Edita St. or Kaumana Drive---nothing to make people in our subdivision feel that this was something they should attend. --If only 19 people showed up, that's a pretty sad sign of interest on the part of the school childrens' parents. --Is there a sign-up sheet to show how many Kaumana residents attended? June 3, 2011 Mtq, 5:00-5:30 refreshments; 5:30-7:00 Community Input (THIS WAS A FRIDAY. Poor choice of time. No consideration given to people who work, have kids to pick up after work, have families to feed, etc.) SPP No. 12-000138 Page No. 003315 --14 residents attended. Many people in the community--including those who would be most directly impacted--did not even receive an invitation. Mr. Boyd (at the 12/17/12 mtg) addressed the issue of their failure to notify people by saying they sent meeting notices to the names of people they got from the State. He doesn't know why some names were missing. This is an unbelievably poor excuse. September 2, 2011 Mtg, 5:00, Kaumana Elementary School Cafeteria (THIS WAS THE FRIDAY BEFORE THE LONG LABOR DAY WEEKEND. Poor choice of date/time—people work, have kids to pick up, families to feed. Some were probably too busy with holiday plans to attend) April 27, 2012 Mtg,: 5:00-6:00, Kaumana Elementary School Cafeteria (THIS WAS A FRIDAY. Again, poor choice of time— people work, have kids to pick up, have families to feed, etc.) --Connections was told by concerned attendees that they have to inform the WHOLE subdivision of the project as everybody will be impacted. --As a result, Connections says they went door to door on April 28 and left Comment/Information cards at peoples' homes. I found one at my front door. Interesting that the card has a diagram of the proposed campus but no distinct reference to Edita or Kaumana Drive (meaning that someone looking at the card i would have no idea of the location of the proposed school). I think it was intentional. December 17 2012 Mtg,, Noon -- 2:00, Kress Building (THIS WAS A MONDAY, Start of school break -- possibility of families being on vacation. The time of the meeting reflects the school's appalling lack of consideration for the people who were working and says a lot about the school's sincerity(or lack of it) in wanting to meet with as many members of the community as possible. In regards to the requests for public input and concerns, as I see it, Ted Hong and the school administration were just going through the motions. --Please note that the glossy printed cardstock materials (postcard meeting invitations, comment cards, and the capital campaign brochure) all have a diagram of the proposed campus but no distinct reference to Edita St. or Kaumana Drive. I believe it to be intentional. --At the April 27, 2012 meeting, a community member brought up the issue of the Puainako St. access. The attached meeting minutes from Connections School (Attachment 5) has Mr. Hong's reply to this person ("If we commit to an SPP No. 12-000138 Page No. 003316 alternate access, then will you support the project? We will do that if we have tol, but there is no way for you the reader to know the sharp tone in which those words were said. The community member was so taken aback at the way Mr. Hong snapped back at him that he no longer cared to give his input that evening despite a later apology from Mr. Hong. Shortly thereafter, Mr. Fuke said "The planning commission can make occupancy conditional on an alternate access. Will that issue be resolved by the time of the Public Hearing?" Mr. Hong's response was"Don't keep presenting hurdles as we jump over them."They said they wanted to know our comments and concerns, but did they really? What, then, was the real purpose of these"community outreach" meetings? In summary, poor meeting dates and times, failure to invite people, cutting people down during Q&A sessions, an offensive attitude on the part of Mr. Hong, deceptive information, "missteps" along the way, etc. No wonder there is no trust and support from the local community! Someone in favor of Connections School wrote regarding the subject of Trust and Open Communications "Our school is called "Connections"for a very intentional and distinct reason, as linking with and communication with our community is what we are all about!" I think this is something Mr. Hong and the school administration should think about because as far as I can tell, they have done a lackluster job of communicating in earnest with the community from day one through the final community meeting held on Dec 17, 2012. The school may be a great idea but the location is inappropriate. I ask that the special permit be denied. s� No. 12-000138 P e No. 0033173317 pgj :E`t:a, 1 S } e INRORMATIMI um Vt M� I Mat 292 June. E 174, 2,012, (-ormv r k. A Ch W SPP No. 12-000138 Page No. 003310331 8 FINAL ENVIRONMENTAL ASSESSMENT Connections Public Charter School,Kaumana,South Hilo, Hawaii Further efforts were made to ascertain whether any cultural practices occurred within the project site. Requests for information were sent to the Hawaiian Civic Club of Hilo, the Edith Kanakaole Foundation and Mr_ Kepa Maly in �n attempt to identify any cultural resources and practices that may be conducted within or around the project site. tq responses were received_ These request letters are attached as Appendix G. The school also held a public information meeting on April 16, 2009, This meeting was publicized by sending home informational flyers with the Connections' students, posting of informational flyers around the Kress Building and downtown Hilo,and by placing an information bulletin in the Hawai'i Tribune Herald. No persons at the public information meeting spoke in regards to any cultural resources or practices occurring within the project site. Findings of the archaeological investigation, as well as the lack of response for information and public input seem to suggest that the conclusion reached by the Puainako Street Extension and Widening project EIS that there are no traditional cultural practices occurring within the project site are still valid. e s 3 v I „ l, I 4<,rLI c�i� It:., b�.uV�r_ < t aFoacFia �t}ie�F{cleli'#e ��{ , • nial year.;Forrner NPS chief fo,r.th coveted title and share . Hawaii I- and,"'has co lection ° tui historian Dwight Piteaithley ° their`personal experiences, , of essays covers diverse rop-• a' a lecture 30 . :discusses,the history, current People Ethic. Free. ics, and includes mapsarrd'. `•stafus and Future options'oF Cruelty-fret 1 Contact: lusting Matzos, 969- numerous historical photos.•; ted ' the park service; Contact:.Gw. 9743, www.imiloahawaii.org Contact- Christine Reed,961= 09 '- Cdl 1acuih_levinnpsggovP corh5272..1•c< Ol4,A, bbinfo@hatvaii�2ntel°net; KCALOPIKO DESIGNS-- ;bas icaliybootis.,com' ' . "AS 'RECALL" with :' FASHIUN SHOW' PRVENr "STEAMY".•CHOW �Wliere,llmil. -Astronomy �Q,M�NG , SIC ' y '-Center•• Where- gasicali Books; 160 - r Where: Ka When: l.p m. Thursday. April KING-KALAKAUA 1 ionr of Karr�ehameha Ave.. Hilo 16 n f ''' •When: ]T a,m.-noon Tuesday: GATHERING �i When: 4-5 _,'A aril°14 :": Details: Fashion show and'a •, Where• Kalakaua Pack. p April 22- Di 2 Detalls: loin-Bob"Steamy;','. `'::; pfesentation.by young Hawaii - 'When:,9 a m.-3'p'.m: Saturday` Details:.,Pr, ul--.''.Chow�and•talk story'with,him !: iah-clothing designer Jamie'•. "April:l8 pa�entinPg, ' ..'about h'is recollections of fhe�'- Makasobe, who'll discuss•the Details::Hawaiian historian' relationshii rl old 'days in Hilo'. His.book, rnspiratiotrs'and research' and musician Palani Vaughn :° vides. Publi AAs ( Recall"'is a collabora= . -, .. she:uses,to create her con- hosts this.evenz'ofhula;, participate, b tion�with Conriections-Charter':- temporary Hawaiian clothing singing, ukulele.playing;:sta� express the II 1 ' School students-and is help `` . designs. Free; admissions rytelling' food, artists`and-. the Child.': •�I for exhibits and planetarium -ing to fund a'student China ' craftspeople-Free admission.,,, Hawaii Coalit e trifs•i shows apply. Coincides with the Meme-' Child-Abusv ,, ges `Contact: Christine Red,_961� Contact'Justina Mottos, 969- Monarch Parade. Contact: M,rr, 0144, bbinfoftawaiiantel.niA_ , 9743, jmattosC�tmifoahawaii. Cojltact:'Alice Moon, 933- 5550,' mhys of baslcall books.com , org, www.imiloahawaii,org n Y 9772• amooninfoC'bigisland.. 3r. -com, www.poshFestivals.com RELAY CHANTED HAWAIIAN MELE CONNECTIONS TALKS, TEAM CAP er-.- --- A;WORLD VIEW KAUMANA CAMPUS CPR SATU0DAY a Where: Inst a r "in `Where: 'irniloa Astronomy Where: Kress Building, 174 Where: Castle,Gym, Upper my.. Univers 1� •`Center C Kamehameha Ave. Campus, Hawaii Preparatory ; When; 5 p.m, - `Vhen: 10 a.m:Tuesday, April ' -When: 5:30-7.30 p.in- Thurs Academy April Z2 •� day, April 16'_ �o. ': . . ° • When: 7:30 a.m.-12.30 p.m. ' `- Details: Kp� it Details: UH-Hilproles- . Details: Connections Char- Saturday.April 18 s be given:' sor Kalena Silva will discuss ter School invites all to get Details: The Red Cross'Youlli`', Contact•Gr i Hawaiian views of the world _involved in a discussion about Group at HP&.1n-'coniunction 935-0025, c, -as reflected in chanted the new Kaumana campus. with the a gmerican•Red.Cr'asti; cancer.org Hawaiian mele, how tradi- Guest speaker from Wil Chee , West Hawaii`bra'n' wiiLoffer" orglhiioiii tional knowledge Is passed on Development. Dinner served free CPR trai4rig;:Sesslons thrargh mele, and different -'at 5:30 p.m. begin on the hal! hour and VOLCANO P( vocal styles. Free, .Contact-. Eric Boyd, 961-3664, will take 2 hours .Registra- Where: Volc w Contact: lusting Mottos, 969- eric.boydC�connertionschar- tion recommended. 19-3834 Old V, 9743, lmattosPirniloah�awali terschool.orR Contact: Dana, "Petteys, 881- Volcano org, www.imiioahawali org 4082, dpetteys(n hpa',edu When: 7-91) nE LEi & HAWAIIAN CRAFT 24 WEDNESDAY DEMOS OPEN SCHOOL. at j. Details:A nigl; Where: Hilo Shopping Center MALAMALAMA=WAL.DORF'. words. Bring y, Aprli; �.5 ,'When; 9 a,m. - 5 p.m. Thurs- ' Where: Malamalama Waldorf •" • or those of ani day and Friday, April 16-176 School, Hawaiian Paradise Free, light.refrt TREES*& PLANTS used In ` Details: Learn to make'easy park, Makuu and- yarn - iic welcome. HULA INSTR[�MENTS yarn lei and other Hawaiian ` When: 9 a.rn•-noon Saturday,' Contact: Ira L)r . Where: 'Jmiloa Astronomy crafts with live demonstra- April iS - volCanogard, n, -Center tions.during the cen>&'s Mer- y' When: 10-11:30 a`.m. Wednes-• '_tie Monarch Craft Fair. Free Details: Mafamalarna Waldorf.° rr.com,-www. u S ; day, April-15; :Fadmission� School offers Waldorf-edu'ca= , arts:com Details: UH-Hilo ethna- tion for preschool-through - :- Contact Marcia Prose, 959- seventh grade",Visit Class B04 SCO T botany instructdr'Kana'e 7797, %advoakawaiiante,I t .._. � .� -awe,discuss plants used., - rborrrs, see:a Wa�dorf-pul)., . 'Where: Editl th�-creailon of*f dltlone "' 3:� "eLfl►��r�oi+Io e���aiy �� !>f�ilir►t tl�ari� M Ott: r rzula.instrumenks Keawe-is:an -" •BDDK SIGNING ihotaf;v a to 6 catigr: Cel,--'>;y en'.. island artisan cuitur�l roc-: sign�:artis'[�a�+,'4�the•kick-,�:, .dayi.April 25' p I Where::Basically Books, 160 0 't 'Fi i ur TV�ff_Vrledk ° De*aMC�Publ ;'titioribr arrd_plant researcher, ". Y:rmryh�ineh°a P%le 1!11 . A—CA PMe2W&003 Connections Public Charter School .4 Community, Business& Education Learning 'ahana Informational Dinner Night Presented By: Connections Future Visionary Association (CFVR) When: Thursday April 16"', 2009 Where: Connections Public Charter School (Kress Building) Entrance on Kamehameha Ave. 5 :3 opm- 7:3 opm 4 5:30pm Complimentary Dinner 6:oopm- 7:3 opm Meeting Why: New Facility Development "Kaumana Property" ��t w dues S eers. Sp e � and � No. 12-000138:s�': e No.003321 " -;K,g. 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 LLC. 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: I'm concerned because both Edita and Kaumana are so narrow. Celia: The traffic 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 priority! 8ric: 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 ttat'if we have to. CMQ: I'm concerned because there is only one way in and out. 1Pukes The planning commission can make occupancy conditional on an alternate ate, Will that issue be resolved by the time of the Public Hearing? •::...,- ln!l;iep presenting hurdles as we Jump over them. Wikh the possibility of Puainako access, will you consider moving the project w= at side of the ro ? n c'.� - P Pent• . rore jeet concept, ar:ges can ha as necessary. . ...,..., . FPS W, I .War. ...: a . ri .a.nfl,n me ffi "Y SPP No. 12-000136 Page No. 003322 Aloha, My name is Clayton Kua. I currently reside at 632 Kaumana drive,about a half-mile mauka of the Union 76 gas station.As a 24 year resident and property owner I have witnessed an ebb and flow to the traffic patterns on Kaumana drive.For many years Kaumana drive served as the primary thoroughfare for residents wishing to access Hilo town and beyond.Turning left out of my driveway onto this little two lane street was at times an anxiety provoking experience.Some days it was"I think I can make it"and other days it was"1 don't know if I can, but here goes." In short, it was a very dangerous and at times unpredictable situation. The development of the Puainako extension, relieved some of the congestion and traffic became much more manageable.However, i have noticed an increase in traffic as of late,and can only attribute that to more cars using Saddle Road for their cross-island trek and young adults,such as my child acquiring their driver's license.While still manageable,I don't think the road is equipped to handle the onslaught of traffic that would be created by transporting students,goods and services, on a daily basis,to and from the proposed Connections Charter School in Kaumana. With other residential and private developments slated for our area it won't be long before residents once again encounter intolerable traffic conditions. I don't believe there are any plans to convert Kaumana drive to a four-lane highway,so the impending congestive nature is something we will have to learn to live with or to avert before it begins. For this reason if an alternative route to and from the Connections campus cannot be established,then I stand in opposition to its proposed construction. Access from Puainako street(as has been previously discussed)stands as a viable solution. I don't know what's involved in making that happen, but 1 do know leaving Kaumana drive as the only means of reaching the campus would in the long run,only make things worse for all involved. Mahalo, Clayton Kua 632 Kaumana Drive Hilo, Hawaii 96720 &, SPP No. 12-000138 Page No. 003323 Madame Hearing Officer Regarding: Connections Charter School Application From. tarry Kimura,Resident of Ka'omana Dear Hearing Officer, This Is my second letter of testimony to the County voicing my objections to the Connections Charter School's application to use parcels at the entry of Edita Street,Ka'Omana. I cannot understand why the County of Hawaiti would"Import"school families outside of the Ka'Qmana residential area. My understanding is that at least half of this charter school's families are from the Puna-P6hoa area,and the remainder from other outlying places of Hilo.The County should encourage these school familles to be a part of their own communities and make contributions there to further the healthy development of their places.Surely the district of Puna has space for the grand plans of the Connections Charter School. It is strange as to why Connections would ng want to be ktcated in a place where most of their families come from. Lower Ka'amana Drive already has its share of neighborhood developments. There is the 100 bed care facility that is now being constructed less them ill mile ma kai of Edita,and the County approved plans for the low-income housing for Kumulani Gardens subdivision,not to mention connecting the'AkOlea Plantations subdivision through Hak0lani Street. These 3 major developments within less than a 1 mile stretch of Ka'Omana Drive means a definite heavier traffic pattern that our eidstent twisty road has never encountered before. Again,I submit my testimony in opposition of the Connections Charter School in this Womana neighborhood Mahalo, Larry Kimura 243 Mikals Street Hilo,Hawai'i 96720 SPP No. 12-000138 Page No. 003324 November 10, 2013 Dana G. Kenny P. O. Box 1335 Hilo, HI. 967201 Additional testimony regarding Connections Charter School I am providing this addition testimony to clarify earlier testimony to insure that my points have been conveyed correctly. Let me apologize in advance for the grammar and spelling. I am writing this in haste with very limited time and skill. To clarify my main point. Any property can be developed for any desired use.The site selected could in fact be modified and all challenges over come.The question is it the best choice and is it good planning. Strictly from a developers point of view, when selecting a property you first establish the desired outcome, who will it serve, and how best to allocate the resources you have to best meet those goals with a positive outcome. In this case the goal is to educate K through 12th grade students, who primarily reside In the population centers of east Hawaii or primarily south Hilo and the Puna districts as fhey contain the vast majority of the population in East Hawaii.The school is being funded by grant money and other sources of yet to be secured private funding and those funds it would appear are logically conditioned on the ability to get approvals and permits to build what Is planned. A great deal of effort has been put into identifying the obstacles that exist and on paper solutions have been proposed to overcame them In order to seek approvals to proceed. What doesn't make sense is this. If you have say$30 mil dollars and your goat is to build a school, the wise move would be to seek a sRe with the least land development cost so the monies available can be used for fadlitles development. If the site cost$10 mil to develop then you have$20 mil for facilities, verses purchasing a$1 mil sight with no challenges and having$29 mil for facilities.The exception could be that the sight is likely to make the school more accessible to the group it will service or has some other special features that would offset the additional sight cost.There are no such features to this property so why choose the more difficult location? During the hearing the schools council kept referring to Kamehameha Schools Puna campus as an example and I think its a perfect one to illustrate my point. The sight of the KSBE School is; 1. located at the center of the area it was designed to Service and the area most likely to accommodate the future population growth. 2.There is no residential development in the area likely to be impacted by the development. 3.The land is relatively fiat and easy to develop. 4. ingress and egress are located on a main traffic corridore designed to accommodate SPP No. 12-000138 Page No. 003325 the traffic the school will generate not only today but for many years to come. 5. Water is readily available. 6. Waste water is not an issue. and can be addresed in conventional ways. 7.There is no significant community opposition to the school 871he land lends itself well to agricultural actives and has the soil needed. Not a single one of those features is true about the Kaumana site selected.Though there are proposed solutions to over come these shortcomings there is no assurance that any of the proposed solutions will in fact ever come to be.There is not a firm source of financing to develop these solutions, no government approvals are in place that would indicate they will be allowed, no permits have been issued, no designs submitted to the building department or board of health, and a number of the solutions would require special use permits that are un assured going forward. In fact many of the proposed solutions have never been allowed In the past and raise questions of good community development. Water;There is no available source for the water needed to accommodate the use.The development of a catchment water system has never been approved for a school, its unreliable, has health issues associated with it, requires the building of huge and expensive storage and filtration systems, would be an eye sore, and is sub standard for this use.They could be developed but why would someone choose to ?A well has issues of its own.The existence of the caves under the property, Fed regulations governing distance from waste water affluence which last I checked was a min of 1000' radius from any waste water source, and no evidence that the well would hit sufficient resources to solve the problem. There are additional conoems about federal standards of water quality, private wells for public use are a problem now and will not get better in the future. Vabillty insurance for a private water system serving a school Is sure to be an issue also. If any of these issues come up how will we go back from there 7 Think about it. We approved a school with no water system that will meet future standards. This isn't a 10 year choice we are making its a 50 year choice we will have to live with long after the advocates or opposition will be around. Topography;The land is not flat, it would be a huge expense to develop roadways into the property and to mitigate the water flow and runoff these roadways will generate at that degree of slope.Again it can be resolved but why choose that expense. Traffic; Not only is the access to the property limited to a single entrance v th no alternate exits for safety, but the side street comes off of a roadway that is already taxed and has extremely limited options for Improvement. Even if the road could be improved, a new bridge built at the Chong street access, it places a burden on the community and county to make these improvement to accommodate a private school. In the future this road will require sewer and water line Improvement further complicating the Issue. Need;The area is already serviced by three elementary schools, one middle school, and a high school, all public, as well as one private school.The community is being asked to endure the impact of this new school with no existing need of it, and in fact SPP No. 12-000138 Page No. 003326 according to the school figures will require the busing of students from as many as 40 miles away from lower Puna to fill its roles.Again it can be done but is it good planning to have students travel more then an hour to school one way in the rooming and what evidence Is there that parents would make that choice. Would it not be more logical to have half the students each drive 20 miles each. I mean simply from a good planning point of view. Impact; Council for the school seems to paint the community opposition to the school as being greedy, hostile, unreasonable, and in some cases bigoted. I don'think this is fair but to me is not the issue but a way of diverting the attention from what the issues are. What ever the reason for the opposition it dearly exist.The idea that a victory in the planning commission hearing will be the and of the legal challenges the school will face is extremely optimistic.The situation Is so divisive at this point I predict that there will be challenges at every step of the process going forward. Every permit, or approval process will result in a re hashing of all of these issues and the legal cost themselves will be high enough to allow for the purchase of a very fine piece of property more suited to the schools needs. For what ever reason the school has failed in its most Important step, which is to win community support for the project.I keep hearing concerns about property values as one of the big Issues. Schools themseNw do not affect property values. Uncertainty can, and bad planning surly will. The fact that the key elements of this project remain unresolved and in my opinion will not ever be, causes great concern and places a very unfair burden on the immediate community. If any of the planned resolutions fail we will be left with an unfinished school at best. If this hearing results in approval for them to proceed the die will be east and we will be forced to live with the results. I think that should be a major concern for the hearings officer in that once this approval is given there is no process that will be able to undo the damage done, no exit strategy of any kind, and as a result the county would be forced to lower its standards and the situation will dictate policy rather then good planning dictating the situation. Another key impact to the community is the proposed housing of students.The community is not being asked to accommodate the school and students from 8 to 5, but students 24 hours a day. My company manages dorms and student housing.There are real, legitimate, and serious concerns of what activity will Dome with that use. Its not a matter of this school, or those students, but the natural behavior of children and the impact that will bring.Again, if the community needed the services of this school the argument could be made that the Impact would in some way balance. The case here is that we are being asked to accept the impact with no benefits of any kind. Seems to be contrary to the purpose of the planning commission which is to insure wise planning choices are made and the community Is not adversely impacted by private development. It should also be pointed out that the school is a school of choice in that students and parents have to choose to attend this school. There is no evidence that the public will make this choice over other schools that exist or may be planned. History cannot be used as a guide because there is not history of this school, this vision, in this new location. What ever the opinion of the current student body may be its not applicable. These are not the students of tomorrow and no one has any picture of what the final outcome will be or If financing will be available to complete the plan.Allowing this to proceed without bonded assurance of completion is highly irresponsible.No SPP No. 12-000138 Page No. 003327 private developer would be allowed to proceed in this situation. It is my understanding that one of the main advocates of the school lives very dose to this sight and has a love of horses. I am reminded of a study I read done in the early i 900's looking at the use of railroad facilities along the Hamakua coast designed to make the harvesting of cane more efficient.The different sugar companies had each designed their own routs and connected them.The report concludes that the design of the system was very conducive to the owners of the plantations visiting each other but very poor for the harvesting of cane.The plan of the school is to first build a bam and a caretakers house. I would think the first thing a school should focus on would be a classroom, several in fact, and I do not think the community is being difficult or unreasonably concerned when the last thing in a plan for a school are the classrooms. But hay, if it doesn't work out we have....what a bam, caretakers home, on State land, for what public need ? When its all said and done, all emotion is taken out of the situation, this location does not benefit the students, it doesn't benefit the community, the county, the DOE, the State,the investors, the teachers, the legal process, it doesn't enhance anyones Ile in a way that makes the location ideal by any measure, and will result In a long, very expensive experiment the community will have to live with for ever. So my point is very simple, you can choose the best site to build the most cost effective school that fills the needs of the community it will serve, or you can spend a fortune more to have one that doesn't make anyone happy. In my business I see this all the time, someone gets fixated on a piece of property and spends time and effort Justifying the choice In the face of huge obstacles, making the argument of why it will work. Family fortunes are lost every day this way.The perfect location does not require an argument it speaks for itself as in the case of the KSBE campus. Thank you all for your time in hearing me out and I hope this has helped to define at least my view which I think is shared by many In the community.This is truly an ill conceved plan that goes against all logic and acceptable measures of good planning. From a business point of view its a fast track to bankruptcy. 2Res 'lly 2nRes G. Kenny SPP Na. 12-000138 Page Na. 003328 r i r ............. cu�.ro�.__ ..._.-s , ... ... e ... w�t� .. .�D. _ �.M�.... ]t .__.�i,f- r1 .S, l _ r � r _Pap Wke a C eJ et P W'Q _t_ 0±44 SPP No. 12-000138 Page No. 003329 November 5, 2013 Aloha, My name is Paul "Scotty" Paiva and I have lived at 1169 Kaumana Drive for the past 30 plus years. I have seen this area grow from a family oriented community to numerous subdivisions ranging from high-end homes to affordable housing and rental units. I was recently informed that many more subdivisions are planned for this area. Developments to include the Hokulani Project, Kumulani Homes, and several by Brilhante. Being a public safety administrator I feel it is my duty to voice my alarm of the traffic impact these projects will bring to Kaumana Drive and the various feeder roads. Kaumana Drive was built a very long time ago. it's a windy country road that has seen only cosmetic improvements over the years. This increase in traffic will cause much delays and frustration which will lead to people behaving badly. These bad behaviors will lead to auto and pedestrian accidents causing unnecessary injuries and possible fatalities_ Traffic is just one the many concerns I have and why I don't support the Connections Charter School being built on Edita Street. This is just a bad location for a very worthwhile project that I am sure will have a positive impact in another location, Please support our community's concerns and help keep us safe and healthy and not allow the school to be built on Edita Street, Mahalo, Pau ' tty" Paiva 9 aumana Drive Hil , HI 96720 SPP No. 12-000138 Page No. 003330 SPP No. 12-000138 CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL AND COMMUNITY BASED EDUCATION SUPPORT SERVICES EXHIBITS/EXHIBIT LISTS SPP No. 12-000138 Page No. 003331 SPP No. 12-000138 CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL AND COMMUNITY BASED EDUCATION SUPPORT SERVICES CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL AND COMMUNITY BASED EDUCATION SUPPORT SERVICES EXHIBIT LIST AND EXHIBITS SPP No. 12-000138 Page No. 003332 O F" z eq A a c o S 0 V "' 3 U � x z o rn o :� V o H CA Hto � 00 C U Q o O > N � � . � C; U O za a A U to r_ C13 o ua to ? � O p U fYl o o � 37 .� z bo U y t x z 00 a4 Q cG N t� eq cE eC Q r/s 'a U g 0.' M � AOA � AoA O U Z5 05 cn 00 p, Oa� � G� tea, Q CL w. .. .. .� O Q d .� 'c� u p cd 'ca 0 t 0 0 � o .r .r � 3 � 3 •y 3 •w 3 c O cv m b o+ UW 0 OV xc a4 CL O E x E xO i N '0v L. 4 O r. = u m = R U cnL� O u O V O acti) U Ui4U QY U � � W ud@ Q d Q Q Q A a W SPP No. 12-000138 Page No. 003333 N d z W cc Q E E cdcc � m Q Q . tA p U ca M x oxo ¢ `'" v F- 0 O Q LIU N O .-+ p u co lu G. zz � � v v toy CO d 'GU w w �� U v cd b O 3 'pErr 'c as m E2 ctl + G 0 ^a 0 � _� M C Ca Q Lj Rt C 7 r-4 cla cu PL4 F- ►� C C C CAV y 4 N 4. � v ( C N O mice, ca iv y? as "O rh p «r U I� .�, W tY� ► Q Q v] � -.6r] U z rn Cc >, CO 1 u I I 1 s 1 I I I En tj C4 cc Qj � E EEEEEEEE0 A4 E fx ° a>i v v U v v chi u cpi x C ' = U = p •E 8 'E 'E 'E 'E 'E 'E 'E 'E �. Z w a � as ¢ xUUUUUU � � uuCA< d d Q d ddddddddQ Q � SPP No. 12-000138 Page No. 003334 CELIA SHEN Senior Planncr Wil Chec—Planning. Inc. Ms. Shen holds a BArch 0991).a Graduate Certificate in Historic Presmalion(2000)and a MURP in Urban and Regional Planning (2004) from the University of I•lawal'i at M3noa. Her 14 years of professional experience includes working as a land use planner and as an independent consu113nt specializing in the research and preparation of nominalion forms for the I.lawai'i Register of Historic Places. She has additional experience as a University of Htzwai'i graduate research assistant where she conducted traffic safely studies and a marine aquactdlure 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 2001—current Wil Chec—Planning, Inc. Ms.Shen's responsibilities at WCP include land usc.conceptual,and master planning;spacelfacility planning: pennittiteg;and environmental impact dteelmlCmS. While at WC11.she has been involved wilh educational faeilily projects for St. Francis School,SI. Louis School.Connections Public Charter School.and the University of Hmai'i. She was the lead planner for several master planning projects for new resorts and residential developments in China and headed a team 0131 prepared two Envirnnniemal Assessments(C-.As)for a raid reconstruction project in Aceh. Indonesia. t'ollo►ying the disastrous Isummni of December 2004, Her background in preparation of National Environmental Policy Act(NEPA) and I IRS Chapter 343 documents is extensive,leaving been involved in EAs and Environmental Impact Statements(EISs) For a wide range of project lypcs. Key projiecls at WCP inciudc; 201 1 Project manager and lead author for the 202K Grow the Force EA. Marinc Corps Base I lawai'i - K3nc'ohe 2011 Projecl Manager for the MILCON Projects P-749 and P-750 Bachclor Ci listed Quarters Supplemental EA. Marine Corps Base I•lawni'i- KlIne'ohe 2011 Projecl pinnncr and contributing aulhor for lite Construction of a [:food Mitigation Project(PN 56024)at horl Shaftcr Flats BA 2011 Project planner and contributing author for the Technology Demonstration for Reinolcly Operated Underwater Munilinns Recovery System(ROUMRSI and Energetic Hazard Demilitarization System(EFIDS)EA.Ordnance Reef.Wai'anae. Flawai'i 2010 Project manager and Icad amhor for the Long Range Development Plan Revision and Update. and Supplemental EiS. University of I•lawai'i Center—West 1la%vai'i 2010 Project manager and Icad plinner for the Conditional Use Pemil for St. Francis, School 2010 Planner and primary author for the Bachelors Enlisted Quarters Feasibility Study, Marine Corp Base Hawai'l -K.Inc'ohc 2009 Project manager acid lead planner for the Minor Modification and Zoning Variance for the St. Louis School Ching'feclinology & Learning Center 2009 Project manager and lead planner for the University of Hawaii Holmes Hall Facility Renovations.Technical Assistance to Prepare a Proposal Paekagc to the Recovery Act NIST Construction Grant Program 2009 Project manager and lead author for the MILCON Projects P-749 and P-7:50 Bachclor I"nhsted Quarters EA. Marine Corps Base Hawaii-K3nc'ohe ElhibiL SPP No. 12-000138 Page No. 003335 Celia Shen Curricntrnn Vilar Pape 2 of 3 3008 Pr(rIcct Manager and primary author for the Proposed Construction of the.foint POWIMIA Accowiling Command Facility CA. 1 lickam Air force Base 2008 Project planner and contributing author for(he Central Oahu Wastewater Facilities Plan EIS 2007 Lend planner lbr the St. Louis School Lower School Space Study 2007 Lead planner for the SI. Louis School Classroom Study 2007 lead planner and primary author for the KunlzBallficld Area Site Survey Report, hlicknin Air Force Base 2007 Project planner and contributing aullior for the Integrated Cnllurul Resources Managcmertl Plan. Marine Corps Base Hawaii 2005 Project planner and primary author for the Jahn Rodgers Wank Farm Phase I Environmental Baseline Survey Report 2005 Project planner and primary author for the Band Aceh In MClllaboh Road Recnnslruclion and Rehabilitation Project Phase i and Phase II EAs. Island of Sumatra. Indonesia .tan 2001 — May 2003 university of Hawaii, Dept,of Urban and Regional Planning(Honolulu, til) Grathiare Research A.wivouf Aquaculture Feasibility Study - Responsible for conducting the literalure review, collecting oceanographic data from various govo vilcnt agencies, researchers. etc.: modifying data for use in a geographic iolortnation system (GIS): generating spatial data layers; generating a demonstration model: and writing(he final projccl report(Using Ciem'ruliluc•Irrli,rinalimi Sistenrx to Surve.v(IJ4imt! green uNtrre,Silex in Hrnruii). Bicycle Observation Study- Responsible for conducting the lileraturc review, analyzing data collected from held ohscrvafions.and writing the final projccl report (Bievelu Olixer'rurirur SludO. Ppd2grian Observation S1udv - Respansihle for conductilig the literature review. collecting observational data in the field. analyzing observational data, and writing llw final project report (A.�syssing Me I°rrlenliul.lov Ulili.irrk ificic+n Tcdrrrnlrr,Flit+ill Pcilesfr•ifflI S11rclie.c). Aug 2001 —Aug 2003 Independent ConsuIlan( Responsible for researching and preparing Slate Register of Flistor•ic Places nomination forms. • Completed nomination forms for the Andrews. Miller. Potter. Reed.Snyder, and Davis Residences as part of the College Hills themnlic oominnlion:and [lie Petersen Residence for The Contemporary Museum. All residences were successfully nominated to the Hawaii Register of Historic Places. Nov 2000—.tun 2001 Independent Consultant Assisted(ire Oahu Metropolitan Planning Organization in carrying oul various activities related to the public input process undertaken to complete the 5-year update of Oahu's 25-year transportation plan (Transport rlirm Jnr Oahu Plon 2025 ). • Assisted participants it public input and focus group meetings to complete public preference surveys, and compiled post-meeting summaries thol highlighted critical issues. concerns and ideas raised during these meetings. Compiled.analyzed and organized #'or pubficntinn.the survey dat.-r galhcred during the public inpul mcelings. Apr 1997—Aug 1997 Historic Preservation Division,State or liawai`i(Honolulu, H 1) •lune 1998—Aug 2000 Hir7aric Presen-alloir Spec•iuliV infenr SPP No. 12-000138 Page No. 003336 Cella Shen Ctrrriruturrt VIwe Page.100 Responsible for moinlaining life historic architectural properties database. Assisted in Hie research and prcparation of nominations to the State Register of I listorie faces. • implemented the successful conversion of the historic architectural propc3lies 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 Cast—West Center, Apr 1992— Dec 1995 Alexander& Baldivin Properties, Inc. (Honolulu, Ht) Land Plaurring Anar rrl Responsible for the developmcnt of land use ahcrimlivm objectives.design concepts. wrinen narration and supporting graphics in order to aid ntanagenient in developing land planning strategies a+id evaluating land use options. • Coordinated the preparation of zoning amendment petitions for the Port Allen Industrial Expansion (Kauai) and Ilrc Grocery Warehouse lot (Katta'i). and assisted in the preparation of the Kukui`uia Planned Community Revised Phase I tKaua'i) Inning amendment petition. All three projects received County approval fora chnnge in Toning. • Coordinated (he preparation of the Katrnoa 11 Agricuhural Subdivision (Mani) SMA application. Project received County approval of the SMA permit. • Contributed to the development and refinement of A&13 Properties' Port Allcii/Occic Mnsicr Plan (Kauu'i) for company-owned lands in the region. • Prepared Capital Expenditure Requests (CCR) requiring executive management approval. to facilitate the progression of land development projects. CER amounts ranged from $15.000 to $170,000. Education University of Nixvai'i at Mbnna Major: Archilecture Degree: Bachelor's of Architecture.December 1991 Universily of Virginia-Charloticsvillc Major: Urban and Environmental Planning.25 graduate semester credits compieted University of I-Inwai'i at MSnoa Major: historic Preservation Degree: Gradunic Certificate in Historic Preservation. May 2000 Major: Urban and Regional Planning Degree: Master's of Urban and Regional Planning.May 2001 Professinnal Affiliations American Planning Association - National and Hawaii Chapter SPP No. 12-000138 Page No. 003337 PHILLIP J. ROWELL, P.E. Princi I,Ill Rowell and Associates EDUCAT" BS,Civil Engineering, 1971.C nvson Unlverslly MS,Civil Engineer+rig ITranspaAallon 8 Traffic Engineering).1972.Clemson Unnrersily REGISTRAMON Prolessional Clvd Engineer in Calffarria(19751 R Hawaii(1989) MEMBERSHIPS Intl of Transpodaflon Engineers(Life Member) EXPERIENCE RECORD 1995 to Present Phillip Rowell and Associates,Honolulu.Hawaii Principal of consullrng firm specializing In transportation planning and traffic eng neering pno(ecls In Hawah and California. The following are representative recent projects • Piitaru Promenade(Kine)) • Saddle Road Edension TIAR • KIC Resort Area 28 11AR(Kailua•Kona) • Puurlene Heavy IrAusWal Subdivision • Cosco,Lill Kauai • Fort Shaller Flats Drainage Improvements Traffic Management Plan • Kapa'a Light Industrial Park(Oahu) • Stryker Brig a Comsat Tem Facilities at MCBH • Oril lua Space Center Museum at Keahole Airport • Hyall Regency Maslen Plan(Kaanapaly • Target(Sall Lake) • Puurcene Atrenua•Mokuleta Highway Widening • Ill West Hawaii Carntius • Oahu Commercial Harbors 2020 blaster Plan • NMFS Honolulu Laboralrrry Renewal • Prco•Un°on Ne-ghborhood Traffic Protection Plan(Los Angeles) • American Denial Association Convention Traffic Managemenl Plan(Honotuki) • Lions Clubs Inlemailonal Comrenikm Traffic Management Plan(Honolulu) • Flrsl Hawaiian Internalionol Auto Show Traffic Managentenl.Plan • No. 1 Capitat District Building Traffic Impact Analysis • Cfuna<U.S.Center Tralfrc Impact Analysis(Hilo) 1995 Parsons Engineering 5clonca,Inc,Honolulu Hawaii Senlar Traffic Engines •Responsibilities included business development in the areas of Iralfis engineering and 11anspodalion planning and coordination of Iralfic studies with other disciplines and offices Manager of traffic engineering projects conducted by the Honolulu office Manager of traffic e4neering projects conducted by the Honolulu office includ-ng traffic studies for: Hill Convention Center Traffic Analysis Walmart Traffic Impact Study Waiskee Hdo.Hawed 1989 to 7995 Barton-Aschman Associates,Inc_,Honolulu Hawal'f Principal Associate Manager of the Honalutu office and prnfect dffeclor for all projects conducted in that offce Served as Project Manager on the losowill representative projects: Castle Juncllon Inteuyhange Study Aloha Tower Traffic Study • Maui Business Park,Phase 2 Kahutur blas Maui Lu Traffic Study.Khei,iniad Makena Resort Master Plan Traffic mpacl Study • Kona Coast Resort TIS and Aa'r Drive Design Kona Kahului Town Center TIAR and Basis of Design Study Kahului,Maul Aloha Tourer Traffic Impact Studies,Honolulu • Traffic and Parking Studies for Honolulu lmernalronal Airport Traffic and Parking Study for Guam International Airpod Expansion Construction Traffic Martagemeni Plan fat Honolulu Internatanal Airport Phillip J Rowel/ PC Page 1 of 2 Exhibi SPP No. 12-000138 Page No. 003338 1984 to 1989 Barton-Aschm in Associates,Inc.,Pasadena,CA Senior Associate-Performed traffic Impact and parking sludies in California.Hawaj1,Arizona end Nevada. Representative projects include, • General Telephone Co.HO Traffic 51udy,Thousand Oaks,CA Cliyhtde Traflfc laipact NNI)gattan Fee Study_Carlsbad.CA Ave.RIAve.5 Corridor and Impad Fee Sludy,Palmdale,GA HUSITE Tramporlagon Planning Study,las Vegas.NV CBD Redevelopment Transportation Study,Las Vegas NV Harbor GaWway Transportation Study,Los Angeles CA West Haywood Clty+uide Periwig Study,West Hollywood CA • Holywood Parking Study,Las Angeles.CA • Tucson Mellf Tucson Place Tralfic Sludy,Tucson,AZ 1982 l0 1984 Department of TTansportatlon•Beverly Hills.CA City Traffic Engineer and Assistant Director of Transportation Beverly Hips,CA-Responsibilities included the day-lo-day operations of the engineering and parking sections of the DOT,review of 38 traffic impact studies subrmiled to the City;installation and maintenance al traffic signals;independently conducting tragic studies for City projects;and knplementallon of the Crty`s street and alley lighting program,putgic stwllie pus programs.and Street Masler Plan 1980 to 1982 Wilbur Smith and Assoclales,Kuala Lumpur.Malaysia 8 Hong Kong Project Design Englirmar-CorAicled traffic studies and prepared preliminary geometric plans for 11 interchanges along the Alra-Butterworth Tall Road In Malaysla Subsequently prepared final plans for the inlerchanges. In Hong Kong,prepared plans for a new interchange corumcling malydand China w ih Hong Kong. 1978 10 1980 Witbur Smith and Associates.Leiilrglon Kentucky Protect Design Engineer•Prepared plans and specs for the fol°owing • Mann Street Interchange,Lexirrglon KY Edgewood Boulevard,Lansing,All • 1.41N1-640 Interchange.Knoxville,TN • Kenwood Subdivision.Lexington,KY 1974 to 1978 Wilbur Smith and Associata.Las Angeles,CA Senior Transportation Planner-Major pro}ects worked on were Walt Disney World Transporlalinsl Study Oitandor Florida • City-Wide Circulation Study Santa Maria,California San GabrU Valley Transit Study for SCRTD,Los Angeles,CA West Los Angeles Transk Sludy for SGRTD,Las Angeies.CA 1974143 1974 Wilbur Smith and Associates,Columbia,SC Design Engineer-Representative profecls include- South Mountain Retirement Resorl,Burke Courcy,NG • Waccamaw Plantation,Waccamaw,SC • Morwoe Downlown Redeveloprrtent Praject,Monroe,NC • Seaboard Park Redevelopment Project,Columbia,SC 1971 10 1972 Civil Engineering Department,Clemson Uritversily.Clemson,SC Graduate Teaching Assistant-Graduate teaching assistant in 4he Civil Engineergng Ceparimernl Classes irxhrded transportation planning and traffic engineering Phillip J Rowell, P P Page 2 of 2 SPP No. 12-000138 Page No. 003339 Curriculum Vitae Kevin Luoma PE LEEDO 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 Iheir 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)&Cardomia(#32388) LEEDD—Accredited Professional,U5 Green Budding Council Professional Memberships Board of Govemors,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 • Malama Learning Center,Kapolel,Maul • Lanai High School—B Classroom Building, Lanai, Hawall • Morgan Stanley Tenant Improvement,Honolulu,Hawaii • University of Hawaii IT Services Budding,Honolulu.Hawaii • UniveraHy of Hawaii Culinary Institute of the Pacific,Honolulu,Hawaii King Kekeulike High School Auditorium a Wailuku Elementary School,Walluku,Hawaii • Howell Pacific University New Chiller Plant and Academic Center Renovation, Kaneohe, Hawaii • Hawall Baptist Academy High School Expansion.Honolulu,Hawaii • lolani School Innovation Center, Honolulu,Hawaii Exlsibi�� cunladum Mim AIWS P Kevin Luoms 112 SPP No. 12-000138 Page No. 003340 Curriculum Vitae Commissioning • Lokelani Intermediate School,Kihei, Hawaii • University of Hawaii Webster Hall School of Nursing,Honolulu, Hawaii • Welanae High School,Waianae, Hawaii Sustainable!LEEDS • Malams Leeming Center,Kepolei,Maui Pacific Beach Hotel LEED EBOM Study,Honolulu,Hawaii • Kauai Federal Credit Union, Kauai,Hawaii • Lanai High School--6 Classroom Building,Lanai, Hawaii • Morgan Stanley Tenant Improvement,Honolulu,Hawali 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 • Bollingbrock Medical Center,Bolkngbrook, Illinois • Guam Surgery Center,Tumon,Guam • Mahelona Memorial Hospital,Kapaa, Kauai,Hawaii Retall/Restaurant; • Mobi PCS, Nanakuli, Hawaii • Surberry Duty Free Shop,Honolulu,Hawail Office • Alii Place,Honolulu, Hawaii • Pacific Guardian Center, Honolulu,Hawaii • ABN AMBO Plaza, Chicago, Illinois • Dearbom Center,Chicago, Illinois • Waterfront Plaza,Honolulu, Hawaii General • Abbott Labs Oaycare Facility,Gurney. Illinois • Omod Residence,Honolulu,Hawaii • DOW Agrosclences,Kauai,Hawali Cunkulurn V11ae WS P Kevin Luaw 212 SPP No. 12-400138 Page No. 003341 ERIC B. GUINTHER AECOS Inc. Eric B. Guinlher is an ecologist/botanist 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, Patau, and Japan. He has experience in collecting field data using Trimble GLASS and processing GIS data with ArcllewlArcMap In the last two decades, Mr Guinlher"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 pmiects, and conducting welland inventory end delineations of jurisdictional waters, In his free time he grows native Hawaiian plants in a home nursery for oul-planting at a native planting site on windward Oahu at NA Pbhaku o Hauwahine, a state perk reserve. Education University of the Pacific, B,A,Biology, 1965. University of the Pacific, graduate studies, 1965-1967 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 Exhibi IS\- SPP No. 12-000138 Page No. 003342 Reginald E. David Rana Biological Consulting Phone: (BOB)329-9141 PO Box 1371 Cell. (BO$)937-0124 Kallua-Kona,Hawaii 96745 email: rdavid@ilhawali.net Employment: President,Rana Biological Consulting 2009-present 1975-2009:President,Rana Productions,Ltd. Over the past 26 years I have worked as a terrestrial vertebrate biologist in Hawal'i 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.1 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 Hawai'i, and the Federal Department of Transportation environmental laws and regulations. I 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 (1NRMP's)as well as State of Hawal't 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 Hawai'i 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: • U5 Fish&Wildlife&DLNR,Newell's Shearwater Working Group. • US Fish&Wildlife&DLNR, Hawaiian hoary bat Technical Working Group • State of Hawal'i Department of Land and Natural Resources, Natural Areas Reserve Commission (MARS)Commissioner. 1999-2004 • Moderator-HawallBirding chatline and website:2002-present + Hawat'I Natural Heritage Program,Ornithological Advisory Committee. R.David Ornithological CY4 Publkcatlon List•10/16/12 Pg. 1 - X1_IL SPP No. 12-000138 Page No. 003343 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 • HawaN Audubon Society: President 1990-1994 • US Fish & Wildlife & DLNR, Hawaii Endangered Waterfowl Recovery Team Advisory Committee Membership in ProfessionillJSacleties: ■ American Ornithologist's Unlon, • Association of Field Ornithologists, ■ Cooper's Ornithological Society, Wilson's Ornithological Society, • The Wildlife Society. R.DWd Omlthoioglcal CNA Publicadon List-10116/12 Pg. 2- SPP No. 12-000138 Page No. 003344 John J. Ida, AIA,CSi Rale Jalin Ida is a cofounder anti mayagmg,,-,a;lner al Urfhan Warks,on a c.a:leclural Ierr in Honolulu, Techmzol Advisor wiueh specializes in me&cal,ifenlal edmttltwil,huas:ng and comnunrly•related prolects.Iia has Edt;>Ication heen acl:ve in the amh:teclural community s:nrC 1980, i0owirg the rompleliwl o!his graderal 1`969 eeucalwn anc subscryrrcnl employmcnl in SenIIC John rctcrved a dachrlor of Archrterlwe UnTwe.rs>lyol Hawaii 'rom The Umvemity of Hiwiii art his Mmlcr of Archilecime from llie University ui Washinglan. Bachelor of hrrhrlocluni 1969.1972 Selected Projects 01hcw,r,Jmrcgd Stares Army Edu[afion 1973 rmpnig Hale Alo a Mamonr Cimpus,Umvers,ty of Hawaii Holo Umoers:ty of Wash,ngion 2012 Palamanui Campus Phase 1&2,Hawaii Cornmurxly Codage hlasfer at Arcaded."'. 200-2 New klemenla:y Campus,Mkii•Pac4ic Insi,luln 2000 Galoway House Renoualion,Univers Iv of Hawa Registrations 1992 Penovatron to Mun!af: if Ujilding&Oi Nis Audflrrium,University of 14awaii Hav`an Washington 1'rogrur:rrrtiug/PrlusrerPlon,zing CSI Accredricd Proless:onal 2012 Univeisriy of HawPi Center at West Hawaii(UHCWH) 2DO7 Manono Camp,.rs,Lang fiargc Devoionment Pian,Umeisily o°Hiwa=.i 2004 k'Wesl Hawaii Crvc r.C'1ler,Couniy of Hamm Professional Experience •999 bhoe r'ol:Cn SiMlon&Emasgency Oporafions Center,Courly ul Maui 1962 Maurer Plan for East Nrrsl Cenler,Un,vn:siiy at Hawa,: 19B4- Urbon Works,frit. frt5lr[i:liorfs 2004 Craving Family Cluncsc Cerlfura�Crnlar r9Hh1993 2002 Oceanic,inslaule Halchi,iy&hio:so v t ac,bly.Hawaas Pacific University TRA Medicol 1974.1`931 20121 Offs Floor Aunt%enter,O;wun%Medre;il Crn;er MAiruri 2010 Qi,Lvtrs CuMm Caw co,CrOvr,Oueen s lvlertic.d Cen1M 2005 Hrwraa Mcrl:c,al Ubrai y,Ouccr's Meric'.-M Corte: 2004 Kinin I Build ;g Ouecn',Medc'!Cenla- Professional Affiliations 2003 Oueens Medical Curter Masler Pian 2003 Nmv Add hon to DonitJi Tranviiplron ken,Otmcr..'-,1A.&CM Cenler AIA Honuhilu Pros,dom Ow,20M 2000 Gueens Moriscal Cenler lolani B nlding piaster Pfau AIA Honolulu Treasurer.2012 19199 Oucon's Pal,cnf Rooms or,fnlam f! raleoN on Whee's,Board of Directors Florrrd Cdioir,Waialae 0i V Dmmo d He&its aRgr,ng Dramnrtf Hcad'healie inda5iry/f,'➢lla&flr cture 2013 East Kapale:Fire SWion,City&Cnkmly ul Honolulu 2012 MId1.11e SlreeT Inloimnsl::1 Cenler,City&Counly or Honaluh: 2012 Honolulu Toa Naw Emiry and Gift Shop,Crlly&Cruonly of Honolulu 2007 HonQhifu Zan Learning C crrrer,Citty&Coumiy or Honofulti 2Q07 Middle SVeM Handi Van Faroify&Maimeranre Shed.Cify&County or f io.cbrfu 2DO4 Hma klavl,a,Citly&Co-.my al H mcLilir 2003 Juvi0e.Delenl-on r aril ly OACS 1996 Hann A:r-oil Master Plan dr.NCP.5l tc Oq),,itmont of Tran%put taw—, Re,,denfiat/Nosprloi ry 2007 Kaka'a4o Lcfls.Hono nla,H! 2007 HiOon VVimlialoa l_agnon,3r 11r.,Renosation 20012 Hama:Residence 1999 wa:ak:e 41 5 Fees[leali,l UR9AN Works Exhfib�l SPP No. 12-000138 Page No. 003345 toAECUS', Inc. 45.939 Kamehameha Highway, Suite 104#Kaneohe HI 96744 Telephone: (808)234-7770* fax: (808)234-7775 *Email: aecos@aecos.com DAVID MIRANDA David Miranda received a B.S.degree in Horticulture Technology in 1978 from the University of Hawaii 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 Hawai'i. • 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 CPS(familiar with Trimble and Garmin). • Collecting water samples and performing field measurements for stream monitoring programs on the island of Hawal'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 Waikoioa Military Training Area soil sampling project,biological survey and water quality for the Kaplolani 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 Kau mana 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 `n SPP No. 12-000138 Page No. 003346 Dennis I.Hirota, PhD, PE, LPLS President, Civil Engineer/Land Surveyor Sam O.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 age. Work Experience January 1971 —current Sam O.Hirota, 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 Huaialal Mauka Subdivision, North-Kona, Hawaii Current Hualalai Commercial Lot Subdivision Current The Shores at Kohanaikf 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 2DD6-2010 Hlenalofi Extension Study, Kailua-Kona, Hawaii 2004-2011 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, Kaliva-Kona, Hawaii 2003-2205 Kukio Golf Course& Maintenance Facility, Kailua-Kona, Hawaii 1999-2005 Kukio Subc!Msion, 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 Exhibit �� SPP No. 12-000138 Page No. 003347 Education University of Michigan Major; Civil Engineering Degree: Bachelor of Science, Civil Engineering—1983 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, Hawaii119731#3377 Registered Land Surveyor, Hawaiil1997N9141 Registered Land Court, Hawaii120041#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 SPP No. 12-000138 Page No. 003348 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: manningaDOI@hawaii.rr.com BIOLOGICAL CONSULTING Experienced field collector of invertebrates and plants in Hawaii 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 Hawaii, Manoa Lepidoptera 1973 Maher of Science(Entomology), College of Tropical Agriculture, Univ, of Hawai'i 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 Plan, U. S. Fish and Wildlife Service 1977-72 Natural Areas Specialist, Dept. of Land and Natural Resources, Natural Area Reserves System Commission,State of Hawaii 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 Hawai'i Exhibit `� SPP No. 12-000138 Page No. 003349 2 FIELDEXPERIENCE since Extensive experience in the Hawaiian Islands of Ni'ihau, Kauai, Oahu, Maui, 1967 Molokai, I,ana'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 SERM since 1979 Research Associate in Entomology, Bishop Museum, Honolulu, HI 2002-2006 Land Use Commission, Governor's appointee, State of Hawaii 2000-1993 Natural Area Reserve System Cotrunission, 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 1 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;chained several national committees Recagattion: selected awards 2010 Hawaii 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 Kon Award, Conservation Council for Hawaii 2000 Coral Reef Award, Conservation Council for Hawaii 1998 Outstanding Citizen Wildlife Contributor of the Year, Western Association of Fish and Wildlife Agencies 1997 Hawaii 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- HawaN Dryland Ecology study with 9 member team ,Steven G hfonlgatnety, Jul v 2011 SPP No. 12-000138 Page No. 003350 3 PU L,ICA TIONS and REPORTS "Survey of Terrestrial Invertebrate Resources at Weliweli, Koloa, Kaun'i Island."July 2011, report to AECOS for CIRI Land Development Company. "Survey of Terrestrial Wildlife Resources at Kahuku, Ka'0, Hawaii island." February 2011, report to PBR Hawaii& Associates for Nani Kahuku 'Aina, LLC. 73pp. "Survey of Terrestrial Invertebrate Resources on agricultural lands at Honok6hau,North Kona, Hawaii Island."Nov 2010,report to PBR Hawal'i&Associates for Lanihau Properties. "Survey of Terrestrial Invertebrate Resources at Honokahau Makai, Honokbhau, 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 Nicoriana glarrca 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(Chamaelea jacksonii xantholophus) Predation on Native Hawaiian Species,"Biodiversity & Cnrrsenmtion, 2010, 19(5): 1437-1441. Brenden S. Holland,Steven L. Montgomery, Vincent Costello. "First recorded Hawaiian occurrence of the alien ground beetle,Aganum muelleri(Coleaptera: 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 Entomological Socieiy, 4I: 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. Hawafian Entomological Society, 41:121-127, "Survey of Invertebrate Resources West MakaTwa, Hlnbkus Ion, East Maui Reservoir Areas." Sept 2009, report to Department of Water Supply -County or 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. Steven L. Mantgumeq, Jtdv 2011 SPP No. 12-000138 Page No. 003351 4 PUBLIC NS and REPORTS cont. "The Little Things That Run Hawaii: Na 'Enuhe", presentation to Nahele Dry Forest Symposium, Hawaii Island, Feb 27,2009. "Survey of Invertebrate Resources at KaGmana, 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 Arca, O'ahu, Hawai'i,"Sept. 2008, report to AECOS Consultants for R.M.Towill 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'nhu," August 2008, report to Helber Hastert & Fee for Huwaiian Memorial Life Plan Ltd.. "A Survey of Invertebrate Resources for the Shell WindEnergy Inc. Auwahi Parcel, Ulupalakua Ranch, Hann District, Island of Maui."April and lune 2008, report to CH2M Hill, Honolulu, for Shell WindEnergy Inc. Identified presence of Mauduca. "Survey of Native Invertebrate Resources at L51pala 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, entomologist%. Apr 24, 2008 "Survey of Invertebrate Resources at Waiawn, 'Ewa District, O'ahu, 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. Mantgommy,,luly 2011 SPP No. 12-000138 Page No. 003352 5 PUBLICATIONS and REPORTS(cont.) "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 Howoi'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 wekh cola) Surveys On Mauna Kea, Hawai'i 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 rcport to Ross Environmental I 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 Kauai', 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, reparr 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. Sleven L. Montgomery, Ativ 2011 SPP No. 12-000138 Page No. 003353 6 PJUSLICATLM and REPORTS 6ront.) "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, Hawaii. "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 ambachila, A Rare Picture-Winged Species Endemic to the Wai'anae Range of Oahu, 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, Wuipi'o Peninsula CDF, Pearl Harbor, Hawaii, O'ahu", 1999, report for Helbcr Hastert & Fee. "Fnuna Survey(Arthropod, Diptera Resources)of W:aiakea 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& S. L. Montgomery. 1999. Proposed new Hawai'i 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," 1998, report for Bishop Museum, Honolulu, Hawaii. [for results see An Arthropod Assessment irithin Selected Arras of the Mauna Kra Science Reserve, F. G. Howarth, G. J. Brenner, D. J. Preston, 19991 "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 Hawaii, Hawaii: Arthropod Resources",(with Eric B,Guinther) December 1996, report for AECOS/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 Helbcr 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 Kenlakekua Development Corp, .Steven L. Uontganter v. .hrly 2011 SPP No. 12-000138 Page No. 003354 7 PUBLICAT1ONS_and REPORTS front.) "Animals on the Earth: Moths"(translated),Asahi Shimbtnt, 1992, 78:18 L "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 curbs(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 Et+pithecia Geometrids in the Hawaiian Islands," GeoJuurnal, 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 Oceanic,and the evolution of ambush predation in Hawaiian caterpillars(Lepidoptera: Geornetridae)",Journal Series(Hawaii Agricultural Experiment Station), 1982, 2329: 1271-34. "Biogeography of Moths in Oceania and Evolution of Ambush Predation by Geolnetrid Caterpillars," Entonmologia Generalis, 1982, 77:1-9. "Hawaii's Natural Area Reserves System: A Conceptual Plan and Status Report," British Columbia Museunt Heritage Record, 1981, 10:20-33. "Records of Mummified Leiothrix from the Summits of Mauna Loa and Mauna Kea," (with F. G. Howarth), Elelmlo, 1980,41(4):30-33. "Notes on the Ecology of the High Altitude Aeolian Zone on Mauna Kea," (with F. G. Howarth), Elepain, 1980, 41:21-22. "Notes on Birdlife And Nature Conservation in the Marquesas and Society Islands," (with W. C. and B. H. Gagni), 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, el 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. Montgontety. ,luly 2011 SPP No. 12-000138 Page No. 003355 8 PUBLICATIONS and REPORTS cont. "Ecology of the dry land forest at Knnepu'u, island of Lana"i," (with G. Spence),Newsletter of the Hawaiian Botanical Society, 1976, 1 s(4-5):62ff. "Comparative Breeding Site Ecology and the Adaptive Radiation of Picture-Winged Drosophila in Hawaii,"Proceedings, Hawaiian Entomological Satiety, 1975, 22 (1):65-103. "Botanical Resources Along North Kona's Ancient Coastal Trail." Na Ala Hele: Trails for Walking, 1973, Department of Planning and Economic Development, State of Hawaii. "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, 1971, 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. Manlgomerv, .hily 2011 SPP No. 12-000138 Page No. 003356 9 D15COVEffW—a parlial record NEW SPECIES Hawaiian Islands flies Drosophila monlgorneryi, Wai'anne, O'ahu D. anropocenrs n. species, South Kona, Hawaii D. rouehardiae, on Oona shrub above Kahane, O'ahu D. rorochaerae on Olona at Mapulehu, Molokai D. pancicilin,Wai'anne, O'ahu D. oharae D. revnoldsiae D. ohe►nakai Molokai D.pulipes, Hawai'i Asrein rnontgoruerYi, N. Kona Wiliwili Branch Fly Linronia hardyi[flightless crane fly] Campsicnemus n. sp. [Mt. Ka'ala, Oahu flightless long-legged fly] moths Agrorius n. sp. [summit ice cutworm noctuid] Eupirleecia n.sp. [East Maui orange] E. new species#8 [Moloka'i, Maui, Oahu bristly caterpillar) Anrnakrra omaornao, Maui& Moloka'i populations other Nysius wekhricola(Wekiu vampire bugj with F.G. Howarth insects Plaghlinwsus morugorrreryi[akoko longhorn wood borer] plants Renrya montgoineryi, Kaua'i [aster family] Srenogyne carnparmlara, Kaua'i [woolly mint] Perorreria n. sp., Mbhihi wet forest, Kaua'i [Olomeal Hedyoris n.sp., Manono shrub N5pali cliffs Cha mae.ywe elenorae, Kala lau [cliff akoko or spurge 1-libiscadelphus Proodii, Kauai, with K. Wood Pacific Islands moths Gyr►rnoscelis monrgameryi on Clematis flower, Ogasawara Islands [dimorphic looper] Cleora sp, Ogasawara Islands[looper] Asymphorodes monrgomeryi, Marquesas Is. Imicromothl flies Chloropid n. sp., Orohena,Tahiti [flightless fly] Steven L. Montgomery. July 2011 SPP No. 12-000138 Page No. 003357 10 REDISCOVERIES Hawaiian Islands Cookeconcher, Koloa, Kauai %nails Newrombia, on pull, Oloku'i, Molokai insects Micrninits cnakenrinn, flightless brown lacewing, Maui Eapithecia ruphoreas[ambush predatory behavior] Theridion grallator, Happyface spider[notice of markings on back) Cocolrenrobius schouinslandii, Pu'ukoa'e. Kaho'olawe plants Chatnaesvice olowaluan, a tree akoko, with S, Perlman Marquesas Trichometra, flightless water measurer bug NEW LOCALITIES Hawaiian Islands Euphorbia haeleelearrurn, akoko, Hdcle ele Valley on Kauai plants Caesalpinia kalraieusis, uhiuhi, Koai'e, Kaua'i NEW STATE and ISLAND RECORDS partial record arthropod Schizomida, Manoa Quarry cave,O'ahu, with F. G. Howarth insects Hydrellin tritici, rice leaf miner, Maui and Hawaii An ata Ephydridae,shore fly Agnrrurrr rrurelleri(Herbst)(Coleoptera: Carabidae)Mauna Kea summit ,Steven L. Monlgonreiy, July 2011 SPP No. 12-000138 Page No. 003358 Nrrr rnrxrprauwr ti CIL HISTORIC PRESERVATION DIVISION 'fk 3 ..if ♦ia< t. . 1N�,1'ANI'Ali:A"TtiFf,P1V11,tiV1]NATURAL RES01ROC S 61)1 h;mm lila l4mlnaid.Smie 5i; g April 11.2013 Mfr.Pistil Nash.P.E. LOG NO.2012.3,020 Atlas Engineering.LLC DOC NO 1304TDOI 1'.0, Box I 1188 Archaeology Hilo,Hawaii 96731 (c/o zp nash ii yalino,com) Dcar Mr,Nash Subject' Chapter 6F42 Ifistoric Preservation Review— Ilawni'i County Grafting Permit forConslruclion of a Properiy noundary Fence Pnnnhavrai Ahupum's,South Nilo District,Island of Ilawai`i TMK: (3)2-5-006: 141 Than], you for requesting our review of the proposed application,which was received in nur office Oc3obcr 9,2012. We apologize for the delayed response, `ncc permit is for a[icr the fact wort, to install , fcncc along the property boundary of an approximately 41-acre portion of the 73.31-acre parcel. The parcel is o%vned by the State of fdawaii and leased to Connections Charter School The work consisted of grading and grubbing along a 35 foot wide path to allow access for wire fcncc installation around the nrca identified as the lower campus. Total area affected by the ivork was 4.1 accts. The project area was subjected io an archaeological field survey,during which no historic pmpenies were identified (Reeve & Clcgitom 2010). Dense vcgelntion restricted surface visibility during the survey: however, the entire parcel is shunted on a fate 19'J,century lava now. which limits Ute likelihood ofsorface archaeulogicsl resources Our ofricc previously requested that the full cxtcni of a knmvn lava tube system (hnumana Cavc) he examined hencalh this parcel in order to verify whether historic pruperties are presence in suhterrnnean caritexts(Lever daled September 24, 2MY), Log 2009.3391, Doc, 0909T132).Additional fieldwork was cnndneted within the cave.and it was concluded Thal the cave %vas beneath the upper campus arca only. and that no historic properties %vcre prescnl within the portions of Clic cave that run beneath the upper campus arca(Reeve 2010) Given (lie negative finding%of die surfncc survey. and the abscace of any newly discovered care openings during the subject ground work,we believe that no historic properlies were affected by this project. Plcasc contact'f'icresa tt,Donham at(806)933-7651 if you have any questions or concerns regarding this letter A loha, Theresa K.Donham Archacolney Branch Chic' Exhib' SPP No. 12-000138 59 Q . .q Imo• ` t+� •� a O . 7 C' ev T"I Pd , f t i a e Lo r= xr'i 1�rt i r l o lit, °p a 7 �3 "D iu E Q � e A ° I Sir W m rP9 MUM M mNE an"Mom I h 1 13 yid 20 14zdti AW azwo egg 74)12-= 1151111-11�0 S 1 U M pm S g -'A TH ol 2A 4 24,742 .5mm 1 5 is E6 1 1-teWated A..Sa- ULM R&" 0� Title Ouaran Escrow Services, '100336138 HILO OFFICE, 460 KILAUEA AVE, HILO. MI 9672D TeI$8M) 235MM FnY4316) 999.6882 EmdMo@%I?Iawa1=V P. TAX 1)IV1510l1 ' Date OCT 18 2013' 5/26/2011 Certified to be a true and Corr O p a1 1lhe riginal, MI DIRECTOR OF FMANCE ESCROW NO. : T1302y tiMMW AURUNI CTR - SELT, R JARNESKI, IXELLY R/JOANNE M 101 PAUAHI ST STE 4 BUYER : KONG 2005 TRUST, CLIFFORD Y HILA HI 96720-4679 RECORD DTE: 5/26/2011 PROPERTY 23 AKOLEA RD RE: 'TMX NO. 3/2/5/047/012 Gph No. D000 FORMER OWNER: JARNESKI, KELLY R/JOANNE M K All future billings and asaeeament notices should be mailed to: CLIFFC]RD YIN TONG KONG 2005 TRUST CLIFFORD YIN JOHN KONG TRUSTEE a9� 0" 23 AKOLEA ROAD KILO HI 96720 Should there be any questions, please contact the undersigned. Mahalo, L Debra N. Tomono Senior Escrow Officer dtomonaatghawaii.com DNT:dnt 6 .. j� m w�� RPP Nn 12-000138 It a �[r !S Page No. 003362 rFOrmP-SNI =TEOFHAWA.V-0EPARTMENTOFTA%J4TION Doc2W)1.094329 / (tbw2oo9) CONWYM rUzD�yiNYOURTiF1C�KTE Saar 2D1 i De:as SwF / Data POa t kf l Cartitied to be a bw amd Como PART[ copy of ow original. CUP rAU Fpm-00CtUNrTQ-BE MXAM AUDU41L-0R- TO t_TAX K4P K>EYY ATKW. TNF&FtFAU OF MWZYAMM3 00 HOT STYE Al Pert d M-Ftm.WA7 _ TAX MAP KEY ba a0"h0lftd;'ff"%1►SM*4 In 0@hL Eo®.P-44A V*W�eeo.plyd Z 8 Pt.A C NO. Belau tmrplelttp Mk-bm,>,lsase m mwdRw Ittebtdms forfa .P414A and 7 S 047 012 0000 ForawP4M&To obWn eta Ntstrc ppr V*Dwm m.tsrtl d 7Wmbc 's atabetoeat =NAM I�/�p�p� yy� TTr 1-xM.+ —Lai i'VWi i2m{b� to Z�8OF�1=�1� 1i S)fTRANSFMtOR(I)1tel~ETC. PLVtCHASWRITRANSFERMS)tGPJKrEEMETC. RHIaLY R JAR11l KI eCL77PMW Y33 JOBR-JMM 2 D 05 73= M �.—.. &REALPROPERYYTAX WFORMATK t If to downwd wN not'be reeaded,please provide:(1)laid a+ea;and(2)eMmu or wort ftml:desatp otproparty:�^ Pismo prltvlds mWnp address for as word na*m(do ra atdw-Se or Ito Changs'): . NAM ADURM fKWTAL/XP GORE 14R CLIPFDFID XIII JOHN Ll9DW '3RQSTiM, 23 ANDLZA WAD, R= , RI 98720_..- Please p VW6 real property tax bl} Q address,K dffomnt km aaaasemertt=Mm(do not en1w-SarW or-W Otertps-p NAIL ADDRESS PCWALMPCODE AWrL WCOLVWX710MANDRAWAMDUL 1. b0 OPTRANUCTION 0br7kwmcftmdsmdp"re.Wl,2WPser rormi 2. Amocntimnr Peps 2.Pori N.Lte 7.2r X or 4a_.._ .»„,,...__ ..__ 2 J. Lasa: k d dsd In atnocs4on ere tf _. L � Pere�ortel��b 2, epplratbla»....»..«_. 4. Diftstae—Aah+sl end Its eortelderallotr(lkre 2 atitats dr 9}w.. . —_.._._»..,.».__. ...» 4; 5 0 000 AO L pY ria boor and WW tp blow,the P s)Grm to 44 aim serol imdo; 1st larlh>A 111.d.dacason beiaMl sm 6*aamaeft,b lUMM r riot a sole Of e�a etrt�e tatnMl►raoldetaR OR' The pwdhsw b ELKI ILE for a am*mW Ptoper* tm riomaprtrw%estrtpeon vA reaped b M PtoPrh' b.—" s• G. utter the floc F4w* 7hrttssdNarts doled b f,200?err Md�ucEloms liar rarre,l MIA arrnera L X0,0910 _ ar Iola D1 .0100 T. Conveyrnoe hx(WA tr Nn 4 by lots S srtd nattnd to ata rteerest tan comb 1 T. - 0 ea.Pwdd* For tab ti ft(See ek.Irrbreet. For tale payment(yes lnsbtrcaomr) e. L ToW Salerroe Duo(Add km T and e) L 500100 f DECLARATION ew a.°"���"� .,dd..u. rrrer.r.n�.�r.dmatatr + .wrsreese+cele,rarc. arl tcye:�ees�.rw,.ar�.�.+rth. +�rw�l�w•a••�t�r.r,amwa.r�a++�.d�s�ee�aura�ecra4t�rnr�a,er�r.e,r. eu��abw�aerd�h��rd�La*t�Mo3wtns�L�r�crav,cr4.tro�lbr�tmr.are:d.r.drr.gtr��.s.� SI(iNATURE(S)-SSllers(syrmnpfww(s)Mrwttor(e� R= SKMYURF.(S)-Pu. sYTranderae(aYGrant a(a).Efe. N b rpcwcD. mom.erbe►slprrrihn} tx a9mr4 le iglo,p t+r or tyPs rem.btvr Wgmw.j DAYTIME PHONE N0.,I I � DAYTOIE PHONE NO-f I E4UL ADDREU: IFtt1AL ADDRESS. fit-302-3405 47010 DF1':IaQT ' Form P44A tRen 2M) SPP No. 12-000138 RPFOfx1041(Rav 1f/99) COUNTY OF HAwAI�( CASE NO, 6 DEPT.OF FMIN CE REAL PROPERTY TAX DIVISION TAX MAP KEYIPARCEL w ISLE Z 8 1 PLAT PARCEL FCM CLAIM FOR HOME EXEMPTION (FILE SEPAR470-YJF NOT HUSBAND ANO W]FE') 3 ;z .3' evy ori ossa Please read the lnslimcdons on the back before complefing this farm A/, �VIF hrA.¢ A7 •,V �rrY/�lrKr 's /1�ftnf� G1rPI�eRD �!v, r��N� r�V•rT J ,r Y—_T- vFa 6 �� a�r (Print Claimant's Name) 77R v v r AS _ 1P1V/rReAJ &, gfe G yroltkq�, _ (Print Spouse's Named (Ddw of Birth) Street Address o�3 j1eVj! BA/LO ytin, h�sc%.r_ W7,x_ Mailing Address X73�tf2 .R, R","La Aa, Mw to c,G A.- PXONa Business Phone Residence Phone 1. is there more than one dweft urdt on the property? [ ]Yes M No H yes,draw a plot plan on back of this form. Designate winch dwelling Is your residence,and who occupies tha other dwelling(s). 2. Is any porton of your property used for rental or for business purposes? I I Yes [ NO If yes,designate floor area of property used for rental andlor business. • sq.ft_ rtype of business: Location on property: 3. 1 am a legal residerd ofrysa #AW26*11 �e Gauntry atata� IMee ro+w �)- o �njrygte Jf 4. Do you elalm home exemption elseurt►ere? [ ]Yes [7G]Na Rau PE7fTy Arlo Mrv� If yes,Indicate teat Ivey number or other parcel identlficatlon: 7' r.•o a eP.3 This Is authoriza&m to cancel my previous exemp0lon anil apply If to this new parcel. 5. Submit this claim with xerox oopies of prod of age for each owner-occupant,axeptahle proofs are driver's license, state ID. birth cerWicate,or senior citizen ID.etc. CE"FICATION I(we)csrft that I own"occupy ttds ntrddanoe ss my pry hams. The pKgerty is nal used for mere special,temporary Dr vacation purposes end M uW true,tlxed,permanent home and prindpd establishmert.Any MdKidual who llkn a frsudulerd stein for exemption or aCests to arty false stiftmaat,with die Inlent to defraud or to eveds the payment of taxes or arty pad thereof.or who In any maturer lnterrtiarslly deceives or ettempts lo deceive the Department of Rronce,scrag be fined a 1,000. Date h y d 201L_ Clot I ra T Spouses Signature -------------------- ------------------------------r`{FOR TAX OFl=1Cff-dig OFtc ............------._...............•................. ov Date Red(U.S.Postmark): 31 20 L P. TAX DIVI5101% OCT 18 2013 By: bete Input Dale: SSP 3 0 2011 ^� tariifieti a and coned copy of the orional. Toe Adrtrl PTTTy�Z_ OVWPITf_� FSC Ca 625_ CARD it BU wwr.96/D b LAND MawaR CS N*is an Egad 0A*wftaWy ftv►der end Espbrw Hawaii County SPP 499)-6038 Page No. 003364 PARM 250470120000 1tONG,CUFFOQD TIN SONG 2005 TRST Parcel Data Site Address 23 AKOLEA ROAD Unit Na, Property Dass AGRICULTURAL Zoning Cal the Planrtlng Deparvnam a1{806}951,8268 Owner `.cw:..,x i,s�rt9i f irT KONG CLIFFORD YIN JONG 2005 TRST 23 AKOLEA RD KILO M 90719 Sales �3n% . .., .,,:i3i.;m:�n 3,i<;•ki if;Gifii;^�,1"6 r..a':9 ;U'I!.'.CsF1t!Y 11735E TisRar@F Ct�„!:.�;t V!Tii'l1A .,,wrA.'.°e $31X1,000 0sfaar2o11 GWIW1011 11.984329 03x71=2 1212411996 121161/998 981]07937415 5298 184 12/0111998 04111511992 02/1711991 8200099007 11101r1968 WIDA MMI! 6111OOI52989 Permits 03r132ool 010371 Now DwaVAr1g $7es,000 07112R001 010642 storage Batwing Se,xO 111292005 WDDS0 3290H Now Dwe" $240.000 Residential Property Dass Building Card 1 !t. P. TAX DIVISOR Story all Height ' OCT 1 B 21n3 E1rte71or Wall Type PLYMOOD Framing DOUBLE WALL D9tc Roof Uftgn HIP Roof Structure WIXIO Caddied to be a true and CO OO Rod Material METAL copy Di the oriSj Style RANCH Total RD=$ e Occupancy SINGLE-FAMILY !� Full Baths 2 rt s��. Hair BaA Baths UI dMild9l21W AM Bedrooms 4 Foundation CONCRETE Floor Construction CONCRETE SLAB Flooring Interior Well Structure DOUBLE WALL Interior Well Material PLASTER BOARD Interior Ceiling PLASTER BOARD Year Built 2008 Err.Year BYNt Building Class 113 Gads RE"FD FAIR Shape Percent Completo First Floor IJving Area 1764 ToUI Living Area 17U Condo Floor Levet %or Interest view rype Addltlons 117114 PCH CD REC OPN 64 GAR VVD CONC FL 524 Land AGRICULTURAL 24742 390 AGRICULTURAL 1049341 24W Tax BIII Information 3111 , 7013.2 Raaf Property Tax 9411$0 000 C 1X1 DAM Sol 11a http://www.hawaiipropertytax.conVForms/PrintDatalet.aspx?pin=250470I 20000&gsp=T... 10/18/2013 t1awaii County SPP &?g� -d&438 Page No. 003365 Toth 50;50 Odd 0 00 090 $6,S9 Tax Details 2012 Up" 3012-1 40729 0.00 000 DOD DOD Payment 2012.1 000 497.29 000 DOD 000 Do**g Tex 2012.2 49719 000 000 D,00 000 Payment 2012.2 000 ♦97.26 0,00 000 000 TOW 994.57 -994 57 coo 000 0.00 Payment Summary _, ,•aa°® lees Yw� ,-eza?fy a.eFG., v 2D12 2993251 27-JUL-12 497 29 000 000 0.00 2012 3021595 29-JAN-13 -19729 0 D 0.00 0 D T046 -994 57 0.00 O DO D OD Tax Details 2011 wlormt Ped BephWnp Tax 2011-1 145750 O m coo 000 D OD Peyrn" 2011.1 0.00 -1 45750 0-00 0.00 O DO Boo aen0TaK 2011.2 145749 0.00 0 D 000 000 AcrIA l 2611.2 000 -959 99 coo 0.40 000 Payrn" 2011.2 0,00 49750 0.00 000 006 ToW 201499 -2,914 W 0 OO 000 0 00 Payment Summary 2011 2663771 31,UL-11 -1,45750 000 000 000 2011 2805444 01,FEB-12 49750 000 0-00 000 TWA -,MW 0.00 0 OD 0 OD Tax Details 2010 triarml Pa-, w ° Begw"Tax 7010 1 :.'•568 55 000 0 OD 000 000 Payment 2010-1 0 O -1,56e55 000 ODO 0.00 Bapradnq Tar 2010-2 15"55 0 W 000 000 0 DO Payment 20107 000 •1.we65 0,00 ODD 000 TBW 313710 -9,77710 DDD am 000 Payment Summary 2010 2473464 19-AUG-10 -T.56955 O,OO 000 DDD 2010 2810391 17-FEB-11 -1 W3.55 0,00 000 a m TaN 3,13710 000 O.OD 0.00 Tar Details 2009 Beplertrlq Tax 2009.1 1 620 24 am 000 DOD 000 Payment 2009.1 000 •1,820124 0 D DOD 000 Bepmg Tar 2009-2 1120.23 0,00 0 DO 000 000 Payr"M 20094 000 -1.02023 O DO 000 000 Tomer 3,240.47 -3.240 47 000 0 00 0,00 Payment Summary 2009 2251115 19-AUG-09 -182024 0 00 000 coo 2009 2376125 10•F£B-TO -1,62023 ODO 0.00 ODD Tenet 7,24047 000 OOO 000 Tax Details 2008 BOFWWmgTaK 2008-1 1.92913 000 000 0 D 000 Pe7mg11 2OM-1 000 -1,629,13 0.00 0.00 000 BvgwwwV rex 2008.2 1.629.12 0 00 000 0 DO Doo Paymem 2006.2 000 I,M 12 coo 0 00 0.00 Taal 3.25625 .325825 0 00 Goo 0 Do Payment Summary MI _ cA . f�.2008 1994061 14-AA PTAX DrvISrdf -1,629 13 0,00 0 00� DDD 2006 2115409 17-FEB-09jy1T 1 Q rin7!�r3� -1-62912 000 0.00000 Tate) Date 1J1i1 1 U L -315625 DOD 0 O O00 Tax Detalls 2007 Certified IG be a tme 3Rd Camel copyof YW ItM011a1 http://www.hawaiipropertytax.Corrin-250470120000&gsp=T... 1011812013 Hawaii County SPP N8g1T�-AO438 Page No. 003366 BepMWvTM 2007-1 1,851.22 000 0.00 0.DO Goo Paylnanl 2007-1 ace -1,85122 0 OD 0.00 0 DO Bspnrwq Tax 2007.2 1651,21 0 00 000 000 000 Payment 2007.2 000 >1,05721 0,00 000 000 TOW 3.30243 -3,302 43 000 0.00 000 Payment Summary I.W ��e 2007 1735168 0"UG-07 -1.85122 000 DOD 000 2007 1897755 16FEB-06 -1.65121 000 0.00 800 row -3,30243 0 DO 000 0 OD Tax Details 2006 rk!ewer'pal 2008-1 Begs b"Tax 823 31 0 00 400 000 000 2006-1 PMMA 0 DO AM 31 000 000 000 2005.2 Be9mmng Tax 52331 0 00 0 c0 000 000 20W-2 Paymenl 000 42331 0 DO 000 000 Tplm 1641162 -1 848 82 0 OD 0 Do 0 00 Payment Summary "1W, :-x}rk,3-•Era _, rf8x !'1n[�.; ''t.a:] ;,tlte"' 2006 1510245 21-AUG-09 412331 0 DO 000 000 2009 1037647 12-FE8-07 42351 000 ODO 000 TOM -1,615.82 000 00D 000 Tax Details 2005 P.3;S C."4z�i�;t:-Ya na r`hla '`t. ty Ppg." 2005.1 BeginnhV Tax 459 86 000 000 c DO 000 2005-1 Paymanl 000 -46008 0 W 000 O W 2005-2 Mom"Ta 46688 000 000 0.00 0 DO 20052 Payrhm GOD 450M 000 0 DO 000 Tow 93772 •037 72 D,DD 000 000 Payment Summary Y cg; S`nx r;,,F ,i?'{d le;s 1- :i, ^�aF r'E:� ;�•.9`.ri'S 2005 1274366 15-AUG-05 -45808 000 0 00 DOD 2005 1782810 15FE9-0d 468 99 DOD 000 0 DO Tar -93772 0 DO 000 0 DO Tax Details 2004 2004.1 Bagvnng To 427 00 0.00 000 000 0 DO 2004.1 PeynwfK GOD 427 DD 000 DDD 000 2004=2 Bopminp Tax 42700 000 000 DOD 0.00 2004.2 Papn g 0 DO 127,00 000 0.00 000 Tsar 954 DO .95400 000 000 0.00 Payment Summery 2004 1045475 19-AUG-04 427.00 000 0 00 0 DO 2004 1161624 ,I-FE645 427 DO 000 000 000 TOW 454.00 000 0,00 000 Tax Detalls 2003 -.. ,yes ..,. -w 2003-1 BegrArgTax 13015 000 000 000 000 2903.1 Paym4ml 000 .13015 000 000 0 DO 2003.2 aeQmrxlq Tex 13015 O 00 000 000 0 DO 2003,2 Payrp%m 000 -13015 000 000 a00 TOW 260 30 -200 3o 000 000 000 Payment Summary 2003 632549 06MM003 •130.15 00D 000 000 2003 924284 0211 32004 .13015 800 000 0.m ram Ra P. TAX DIVISIDN •25030 0.00 c00 0M Date OCT 15 2013 CwWled to be s true and canon CODY of the atigirral� n�� 4x AdminMtOW http:/hvww.hawaiipropertytax.com/Forms/PrintDatalet.aspx?pin=250470120000&gsp-T... 10/18%2013 SPP No. 12-000138 Page No. 003367 COUNTY OF HAWAII AA501Hi 1W REAL PROPERTY TAX DIVISION �•� 101 PAUAHI ST., STE 4 HILO, HI 96720.4224 74-5044 ANE KEOHOKALOLE HWY, BLDG D, KAILUA-KONA,HI 96740 •'�►�� MARCH 15, 2013 REPRINTED 2013 REAL PROPERTY ASSESSMENT NOTICE KONG,CLIFFORD YIN JONG 2005 TRST TMKIPARCEL 10: 2-5.047-012.0000 23 AKOLEA RD LAND AREA: 3.000 Acre(s) HILO HI 96720 LAND CLASS: HOMEOWNER ASSESSED VALUATION VALUE EXEMPTION NET TAXABLE BUILDING 216,000 170,700 45,300 LAND 137,300 0 137,300 TOTAL 353,300 170,700 162,600 OWNERSHIP DATA FEE OWNER LESS EEIASSIGN EE KONG,CLIFFORD YIN JONG 2005 TRST GENERAL PROPERTY DATA 1. 2012 assessed valuation as of: Building: 211,700 Exemption: 169,800 Land: 137,300 2. County Council will adopt the 2013 tax rates on or before June 20, 2013. 3. Property Address: 23 AKOLEA ROAD 4. E=xemption Allowed:HOME EXEMPTION 5. Special Assessment: 6. Last Year's land classificatfon,If different was: IF YOU HAVE ANY QUESTIONS,PLEASE CALL THE REAL PROPERTY TAX OFFICE HILO: (808)961-8201 1981-8354 or KONA: (808)323-Q801323-4881 DEADLINE TO FILE APPEAL TO BOARD OF REVIEW IS APRIL 9,2013 L P, TAX DIVWOR Coto OCT 1 8 20{3 THIS NOTICE IS A COURTESY REPRINT OF THE ORIGINAL NOTICE Cerfified to be I Irvl sad carred T t the 0 gl I. iIs Admi�s�traior q. _.... e.. ,. , ;,1w,e p :. {�tday Fra a .�:".a T St B & �,il: "cam �:-�„—..E r7,P��P •.b,m.,. :s��'rj"�'��--4er:}e�'�i':»'»�.m.rd�:ee�,.�-°-.ium 9 �.< ° 'CM_ � ,� ", `;; '� »;;ea:�.,:x• .. rm:: :cFar:„4 S�'m ;"." a g a. .r.x... eg�;�-� :.,. '$C�.q®`m,.-.:dB'^.- k t � �fl"m��'8.�68'pYA�L'" ! .&»�� m'-.:�'�.§^.:��'��• ._. 3e.irm• q m Aw.. `3x :egmP4& '�.'ti`•.^.� .. Ii'! y MARKET LAND 137,3mooy a' DEO><:M1 D l USE LAND 00 y =" ESE LAN VALL1 1 y Ott .E LAND EXEMPTIONS 0 NET LE LAN61 v 137,30003 m MARKET SLOG VALUE 211 BOU00 jj 211. M r; ASSESSO BLDG VAW i1 BODIX1 v 211.800- BLD RMPTI N y NET T OLE BLDG 211.SM,00 0 AL T41 y .1 G`= TOULAS5E5SED 31B.1ma0 1 10 A1.EXEMPTION Im y TdMNET TI31 1 y 1 E Yau do not haMe sit�wnw�dw �O3CO$.I .. otmz BE kw WON �R e ° B ;= x 3�' .. ... �� .P;�Dwe`MYd's �;::"•.its�;;;P?�.. �=,VfR51Olk` ��,. � .. "9. ..:a... r YAi1IE CU4S5; Y �. �,-,z, ,"I�<��:,;`���.: � •, -.__ T �.": ��-�...;;.E��•::;:.:PaH tee" - ':•..:�::,. ., , � �a �;e, . «si>.>"..,�5,'3?�.. edareSu P-e aw: a:,m_W�➢ � `& :e'3ii'r.:.': � ',E?z" KOLL s„:i9�iers t;F1epi i; .Tank: � B v MAAKET IAN 1 DO 137 03 DE&CA !U y 0.55 SSED l 4ND V 1 30O1� 1 Y LAND MPT N tit I FAMP LAND 13730LL03 v 137.3maD MARKET RVEVALUE 211,70f1TA v 211, 00 ASSESSED OEM YALUE 217, v 211700 DO E BLDG RAPTIONS 169,8000D y 3 NET TAXABLE TOTAL MAFIKET 3J9,03fl 343JDM 0 T6t��- TO1AL SEED 319.000.00 � AL MPT!©N �fi9.P0O00 Y 169,8C4CO TOTAL NET TAWLE1 00 y 1 Lq V r Yai*riot iwwpn4~mlo-r irtlrrttrfib " Stare •d 871nte�ated ll..ri�n� '�l�s.a.+m•2]P Cab" Scss1 _ « , 3 47PM AL T 'n" 0 'M Kim& ��m wl�m MOO Msllm Mil, M W77—im 4, M—fir; Fa --K ff�M—rp M I!rr-lxoo 1 00 I Ugt LAHO 00 08 197A LAND ExEMPfl,N NEI MaLF LAND --kOW BLDG VALUE 1W.M04 1593xw MvALul ..v BLDG EXEMPTOONS Do NET TAXABLE BLD13 ISO.3moo T OT AiL,MAII PUY" TOTALASSESSED 395MOM DO TOT ,wl M-45 FM - Lo J WKMH 1..1 MIL I A F f2 M AM T "R SO 6 lip i L'..'M , " M I - T F 4", ��—Li=J ;471��Z�xm �v mi�!,i q.i!i VT 2R45 M"AAKKET LAND 1572MMOD 1572mou 00 DEDCATED MSE LAND .00 v D VAILWIUE IMMOO LUAMND MMFTION5 v NET TAXAMLE LMND 1 2moo PWK-tf 90rVAL7 M.9moo 253. M o ASSESSED BLDG 74M 253,9MOID OLDO EXEMPTMNS ou NEI TAXQLE BLDG 253AWDO 253, TO TAL MAAKE T v IDT&MAPTiON [K) TOTAL NEI t 451,DMUO prit scrii6; Ammswne—' OUSO�, tom:Awt `�sttlor,� ~" � vrr+dow�°'Fw4i; ; � _ :.�.:::::;:.�:°:�:,:::.--::::-.:=•:W.. . MEW F.E 3'e„g'.L a ffi - r :,¢-"•'7w s' is -•'-s ..s -"Qi:: �`¢.. '.,.,: 'KK x x t— PA NAM e'° r . W `. t m •°a „ ..r.° r- r, a me111h�. OY LL 041 r;= MARKET LAND W.900.00 869DR00 .: MUTED/USE LAND 41000 AxSESSEDLANDVALUE 86900. D0 VNDOKEMFITJ N 40,000.00 NET 745M LAND 45,900.00 y 4 00 MARKET 8LD6 VALUE00 y f10 ASSESSED OLOG VALUE 00 y Y NET TAXABLE 8120 DO &m r: T ALf4ARKET 86,900.00 y 9690000 ; ASSESSED y B6 TOTALEXEMP710H 40.00100 y 40000,00 NTr5m 49.9KDD 4 r x � . EI R .,". :::"':—:W,,.,...,,.- ^�^.?°f-^" n;a;re� � qse. ::�cssr."-"sr`.,.,,:*:�w?s.:me "".:'°ei'�*.; "yga°aec ^.*r°°:;,>:^-• Youd0W� '9Y01IpIhRtp14fAI ecw�T _ . " .. R� -a.,.:- wugd .m .< 'g&'.`:tlt..mwnt:tww._::.:"e.".",-:.:::;q.•...°w...:':;.,,.�<�P'Ce.>.(�`�:a"�°°��.v�:'..:."-"a!a:.cw: °:E`.:^. �Start�.d-�. QyL�de�atedA{seswne� �Lws.liws-zipeAdeRAi��a��..e:°°e� -d t,IkINR-amr . J s mow. W. M- .. P " "`S^; was �qrd- °� .,�.. ".�IGIW F�RI; j.' F:<�LR1PiTv'f A:���y3:��,j m 4'y�'d:..��,B[°"° ,".33:�.��m^i.�L;" < i�:',�"•' " _n....r ..^..".«z�.0 a°°� ._...�...�...m"s;..,,.n'° `".c•°.°.e..op.mfu<°" ».:'�e�e.::�: d�° v :. » m;[i. £ ;' »a 1�: P VALUE CLASS; VAILUE YEhF3: w mf`m§:. ' Y Asa=yt � a.M a:m — a r u � E W. La"9- "�'��-� 1.OrJE; sa "eDEALTNAIE: •"�- ",.°.,.,m; :'.::::.:........ ...°.s. ..;::.gym °»s;:��.-vee; i° :.. 3":r".r?-..-a�"Y`°gas; =•,r»Po °l. B 81a101Ors33Ps ? AM 1F �Y °Veirs: Flepr". .Tola4: - P r s" MARKETLAND WMOD P 86,70ROD AS V 86 70E 90 y B6 LAA1D bdMFIFIGNS 00 Y NET TAMABLE LAN SOW—M y 96. 00 MARKS T OLDS VDD v A56E55 D BLOC VALUE DO E 9fo D3 00 NEr BLOB y m TOTALMARKET 86.700.00 y 85 TOTALAS5ESSED 96,700DD v 8S70D.00 TOTALE)IMPTiON DO y00 4LmET rAxAsu24 v 89,700.00 y e''se G� �Strl �G? IMIntegraledA.SebYm!_ LtSPs.�- �so`ee"ii CW�r,ARnt Aldir':GaMwi!n"i1�RY..�i�'^T.^..!SPKW.,. ::�w?i. 4p F ems° m ° Kt M. .:: r ti « fax .,? sk.<,`:t3.::. rv: :..::::.:..:.°e `�`�3,�.<-� �� .. ;:. �: -m ,`•n��M� �� ;:°s�==��.�:°::: m:b: -�»<:.::as.m ALTEINJATE -....sw: :�;:�"E:.. »iS "�� f?.m,:? ?�;�,^»'9^-�:-'mE`m4�?I M.. .....-::.rwa R YIJ1lECAS& a.ViW1E.YE/W :.:., :a.a. Y n:;i<;:;:: ;r. rWs;: � ��. � '�€'[�1R�. � °�� ,� .aa ':' •' ,. °�`°i:eYw �....,,., ......,..., <.:-' ems: .. ..«�:;�,Ears<. .'^. e'..-»<-....,._..........�. ...... .............._e..ta::_:-f:.:....,.........,.....;.;..... ,.. .. ..6 s .k>!::,.'*.`.`a:.: ;...kdF '_v�ff ..ETgt';. ';'TOlillk' ..����.�tt�bax: �DSI+�LE. 7 =ry��•�'m a" °a;�e`� sas�si«�"':;'"�`" m m Y � X mkqrET LAND y ii DrAI ED I USE LAND y A5SESSED YALLE 2551003 y 256,141000 LAND y o0 T LANDi v 1 >IKARKLI BLOO VALUE X 4 ASSESSED BLDG V BOdm 277.BMW BLOGMM IDH5 40,001100 � f0000m 3iE NET TAXABLE BLDG 237,BO M v 237.9UQIi0 0 AL DD y TDTALAS ESSED 512.900. 1 542=00 MTALERRWRIN 0111100 411.00000 TOTAL NET TZMEE SM, OD EST MOM TAXL 1.1T$7E1� AL y r,l 1,37Q� eG E57 NOTICE TAX B 1. AL y 1 21 7 f msem—— ��,,: ' , ,.. ..: :' 1 1 1 sag ... ., 'e r.�nl -d, --- _ ,u.:P.• .,.. E .:..'" ,..m„...,.....<....,.e8-»..._ s....s.. m ii - � «'. .r^- M ��a ew.. x rt m. d a° r ”.C',4' ::3c`:`,R � Y�i�s...ai�: .��: €•�"�:: :»c>?�,eW-e%:e s° ao:��'. °s":=tt-m�9 ' m � �' s ,. .mss.„;. .,.. d"* ''N .;`'_' •.i Y �d T LAND 265.1O m y 265,10OOD DEOICATfD lUSE SESSEDLAND VALUE 265,10p06 Y 2E31 OO LAN M 5 v N TT LAiID 255.10ppp AL 2 10(1136 JOOtUII MARKET BCp YAtUE y ° SSD v a BLDG NEMP71ONSy =% Nt 1 MW oWwoC TO AL Y € TOTAL ASSE ED VALUE AL 265,TOEl I TOTAL D7ImPTION AL Y 6 'M Y p Tip LAND TAx AM UN AL r 2. 3 RUILDtNSTAXAMM AL acid. ..•.,..•..`. 515 $ ®� 9 .,.,.. --<.. ' ..-•,. .•-.>•..,.":m:s::d»«A4L.aa�NWnema«mre=v.�`«f:e'..XaS,. 1 1 X CAM31 lwltAt N.�d tluery:, Tf°i�WMldow �. "" m t 7�.71 :T401,i, CluTo -- i e._ a. A 0 ®t[E[ ?Y In o. k Al7EANATf1D r 5 : z.:>.». .... .._....,. .<. YAL1EC11a55 YAlL1EYEdtZt: E3 �'' F--.'ti:�4 ..:"•,:,05 .v:.., FWT�•/y�p, �y►����y��y L' `areA .." "m d 6.•5•... TlilYl'..MR/ir a.a.m -":'.?�:.::>:••«'-'Ft:TE°9. PViA1.111i�1 L. >...�. a�W"':e m—A$d"..::"::.:::-:. .Y=•`a""�"+•=:.:rr."". e-.....a`e�[:„.:?:. Y..o>,....a^.»<.•_<gtq;ms`.'g. m ...eD«<va. �xBxe• � C.:Y:'� `��” 1. tea::..».......;: <I..«'%�°'^s^..<.w<&_Po.• .,- '9 .:�. 1 •':1».;!xmw::: "eti¢<F•., �'`.tlS d i Bre TIAN10 265.1 265TDk00 USE Lob 3Fp s A55 55 D LAN"VALUE 2Sa.1�j y 265.T60D6 -� W1D E?�T,TPTIDNS OQ � NELAND265,1 1i3Q11p MARKfT BUM VAWE D0 ASSESSED ROG YAL. 00 �, DWI 01 IDMS v OD .;E N 1T OO V TE]1ALMARKET y • TOTALASSE1916 2Iv+'•10Q60 v 26510310D 10TALMMMION 60 Y TOTAL NET WNLE 60 y 1 00 EST ROYCE AX E 1 AL y 2.fi51 w 2653 AL y i Ycudondhwa man�M LY go Int.W ted rls�eaana_ 115PS pP fie._. PFit est »:cnfl^:ii;Ea_e;<;:;tc,•`'«=t.s.:.t-'<`;:tr:;:,."�.:=:..:�'<•:•,a...M,:t:-3y> �^�k:Y:i:ep;» _�Yq •.....; ..,. -».T-AF ".",?4.y.,."...;:,'m"v ",E N. ... :�°3:L..[,-° :^•��..�-x S9tl�. .9 II =mks �s 920WIM47 "�3 grP«hu d VERF , Dexlpkai` m"a�'� - " " o P Mfrl 115` yY Y --- _VeMisn Preps 7cleli CAMA T2SSAM00 m DEDICATED USE y _° $:: ,A5SE59E5LANDVALUE 153.1t3B.00 y 1 MPTI iV5 y NET LAND 26511MOD RET 1656 VALUE y ASSESSED OCR VALUE v e 810G b-itl0tWN y NET TA WBLE BLOIa r TOTAL MARKET TDIAL ASSESSEDVALUE 26SlOftftWAL r 7651 . 2�.1II000 D ALE?tEMPTI N AL TOTAL NET TAXABLE y 1 ° 265.1tf100 p£„ LAND IAKAMOUNT AL y 2.95100 1 .3 BUILDING TAX AMOUNT AS y w �. ycihi ML aQanb ilea epsin .�, „-�'";,="."._. A :z '�rxs ' .., ce.; _. .':. .-..y s'" °� :s.P::;Li ::e.,,®T °�+`:-m: �,tF°:-w«-;:'.'.,_�°�.�,"me:ea°•::::.?e...a!`°"`^.".``.eua.e ;xmr- JIB'' ^'� _ 0'......:':.:'fr Gkvoaa>. an%.° °..,°.°...»�;, ,.,.,. - �. ':. 3 ►�y� • ,..e< 's'.:,.:_...--."? 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H e a 0 o W i o a a e s m n a P O La 0 r •+ � nn v C � i$� 4 , G s i FS �-[ b• � O 8 b O i a E 0 0 0 0 0 < a a a a 0 i w 1 rl a a o0 o a a o l 0 a 0 a a a � < W a - H 9�N CWC W y 4 H 'W 4 H x U 0 p 4i a w wo_na s D A •o ccc��� r� r� m m > W o ak 2 Y C6 H as 00a S � Q F k1 ui yrs r+ raC N N N ae a H • w 3 M V7 F + a C 9 6 b n Q m = W N N N I ri n m .. .i r a C7 Y1 's ca r = o o a a W m I.1 V p ti i 2! .7 � s W J M N = a ry W I o p O � s b I q a a •S \ 4 n ti l D I D W H O m � r FF•• .a cry o � N • IV SPP No. 12-000138 Page No. 003390 POWER ENGINEERS MELVIN YOKOTA, P.E. PROJECT MANAGER YEARS OF EXPERIENCE EXPERIENCE SUMMARY 40 Mr.Yokota is a Project Manager whose work history has spanned multiple EDUCATION decades.He began his career as a staff engineer,and has held various > B.S., Electrical Engineering,Colorado positions ranging from project engineer,project manager and principal State University,Ft.Collins,Colorado, engineer on a wide variety of commercial,industrial,municipal,utility and 1971 Department of Defense projects. He has provided design and engineering for power generation,substations,recreational,wastewater,astronomical AREAS OF EXPERTISE observatories and water pumping facility projects. Substations(up to 138 kV) > Steam based power generation He has provided a wide spectrum of electrical power systems engineering (including biomass tired,heavy oil and functions from initial scoping,fee proposals,negotiations,design, diesel tired,geothermal And municipal specification writing,cost estimating,procurement phase services, waste energy) construction phase services, startup support and closeout,and has handled > Small hydroelectric power generation projects as both an electrical subconsahant as well as a prime consultant.Mr. > Closed and open cycle ocean thermal Yokota has worked on several"once in a lifetime"type projects,and is energy conversion demonstration especially adept at solving challenging engitttring problems that may be facilities involved with those unique projects. > High and low speed diesel reciprocating engine prime and standby power generation PREVIOUS WORK HISTORY > High altitude astronomical observatory facilities >Harald H.Miura,lnc.1HHM1 Corporation,Vice President/Principal > Electric,water and wastewater SCADA Electrical Engineer,Hilo,Hl systems > Industrial process control systems >W.A.Hirai&Associates,Electrical Engineer,HI > Military fuel facilities > Military waterfront and drydock Previous Project History. facilities > Military aircraft maintenance facilities Repair Pumps and Piping System,Tsuruml Fuel Terminals OU-1 > Military missile launch and tracking &OU-2, FISC Yokosuka, Japan facilities LICENSING Project Electrical Engineer for preparation of plans and specifications > P.E.,Electrical: Hawaii (SPECSINTACT) for replacement of electrical power distribution system and transfer pump controls for Tsurumi Operating Units I and 2,FISC SPECIAL TRAINING Yokosuka,Japan. Westinghouse Electric Corp. Tsurumi Operating Units I and 2 are waterfront jet and diesel fuel receiving > Power Systems Seminar terminals which receive and store military fuels for issue to NAF Atsugi and General Electric Co. Yokota Air Force Base via rail and truck. > Low Voltage Protector Application Replace Low Pressure Air System, Building 149, Peau Harbor, Seminar Hawaii > Protective Relay Application Seminar > Advanced Power System Protection Workshop Project Electrical Engineer For preparation of plans,specifications > Industria]Power System Protection (SPECSTiNTACT),and cost estimate(SUCCESS) for replacing electrical equipment supporting the replacement of the Low Pressure Compressed Air System which consisted of air compressors,air dryers,cooling tower,heat A--; SPP No. 12-000138 Page No. 003391 MELVIN YOKOTA, P.E. 1 2 POWER ENGINEERS,INC. University of Wisconsin- exchangers,chemical treatment system and associated pumps and selected M11%vaukee Afadlson lighting in Building 149.New electrical equipment included a 12 kV > Planning, Procurement,& Installation of switchgear and a 480V motor control center with 12 kV solid state reduced SCADA Systems voltage motor controllers for new air compressor induction motors. > Design of Transmission Line Structures and Foundations FY 11 OMA Repairs Elevator Car, Bldg 1 S80, East Range, Schofield Barracks,Oahu,Hawaii Oregon State University-F_rlended Campus Project Electrical EngineerEProject Manager for preparation ora > Dynamic Stability and Transient Motor performance-based RFP for design and construction of a new inclined Starting elevator system in an underground water pumping complex. Ulifiry University:Disrributech Conference Kwajalein Island Generator, USAKAIRTS Power Plant,U.S.Army and Erhibilion 1012 Kwajalein Atoll/13.Reagan Test Site > Smart Substations: Protection, Communications,Control,Wide-Area Project Electrical EngineerProject Manager for the electrical design for Measurements,Enterprise Integration installation of a 1.82 MW generator in the USAKA RTS power plant.This and Applications was a design-build project to replace an existing Caterpillar 4 MW 3616 > Substation Automation and Enterprise frame generator set with a C280-6 frame generator set.The smaller unit Data Management to Support Smart permits plant operational flexibility for increased fuel efficiency during low Grid:Design Issues, Alternative load conditions. Approaches and Cyber Security Considerations RM09-0394 Electrical and Mechanical Repair at Building 400, Pmver Line Systems., Madison, IPI Makalapa,Hawaii > PLS-CADD,PLS-Pole,rower and SAPS Training Project Electrical Engineer,`Project Manager for preparation or plans, specifications(SPECSINTACT),and cost estimate(SUCCESS)for Alaintenance Training Association of the upgrading the air conditioning system of the 1st,3rd,4th,and 51h Americas floors of Building 400 and for the replacement of existing 1100 kW > Arc Flash Protection&Electrical Safety generators and 500 kVA uninterrupted power supply(UPS)units in Building 401. AFFILIATIONS FY08 MOON P-587 Sub Drive-In MSF, Beckoning Point,Pearl > National Society of Professional Engineers,Member Harbor, Hawaii > Institute of Electrical&Electronics Engineers,Member Project Electrical Engineer for preparation of plans,specifications > National Fire Protection Association, (SPECSINTACT),and cost estimate(SUCCESS)for 11.5 KV switchgear Member and high custom build one-of--a-kind current rectifier systems for drive in > Construction Specifications Institute, submarine magnetic silencing facility.This project constructed a facility that Member will be used to demagnetize the hulls of all of the submarines in the U.S. > Illuminating Engineering Society of Navy's Pacific Fleet.Periodic"deperming"is necessary to avoid magnetic North America,Associate Member dejection of submarines by mines,ships and aircraft. FY08 MCON P-173 Construct Communication Center, Naval Station Pearl Harbor(LACTAMS PAC),Hawaii Project Electrical Engineer for preparation of plans and specifications for electrical work for new Navy Switching Station,site 11.5 kV underground distribution,Facility substation,standby generators,and uninterrupted power supply systems.The Communications Center is a critical communications hub for the U.S.Navy in the Cental Pacific. SPP No. 12-000138 Page No, 003392 MELVIN YOKOTA,P.E. 3 POWER ENGINEERS,INC FY2007 AJJY336646 MILCON Project Global Hawk Aircraft Maintenance and Operations Complex, Andersen Air Force Base, Guam Project Electrical Engineer for preparation of plans and specifications for Global Hawk Hangar facility electrical systems.The maintenance and operation complex is a hurricane hardened hangar and operations facility that launches and recovers Global Hawk unmanned reconnaissance aircraft. FY08 P-262 Wastewater Treatment Plant Repairs and Upgrade, Apra Harbor Wastewater Treatment Plant,Naval Base,Guam Project Electrical Engineer for preparation of plans and specifications for electric work for repairs and upgrade to existing wastewater treatment plant, including site distribution, motor control centers,distributed control systems, and building electrical repairs. HHM) Corporation Compan- rofile I Zoominfo.com Pag f SPP No. 0?18 Page No. 003393 Zoom Information Find Contacts Careers FAQ Create Profile Sign In Customers Products Resources About Free Trial www.hhmi-hi.com HHMI Corporation ---------------------------------------------------- ---------------------------------------------------- Company Background&Description People Ail 8 people verged ---------------------------------------------------- Set Alert Management Level Job Function Industry: Commercial$Residential Construction , Non-Manager(7) Engineering&Technical(6) Construction Company Description: HHMI Corporation(KHMI)was founded September 1975.We are an independent consulting electrical engineering firm providing electrical engineering services mainly in the areas of electrical power generation,transmission, distribution,and utilization,The firm's primary business involves the preparation of electrical plans,specifications,and cost estimates for the procurement of electrical equipment and the construction of electrical work. The firm has the expertise and capability to select appropriate equipment and control devices and perform necessary calculations for determination of protective device settings for effective and coordinated protection of circuits and apparatus.We also perform electrical power systems studies(covering system arrangement,toad and fault flows,protective relaying,equipment evaluation,arc flash hazard, expansion and modification,power quality,reliability,and maintenance)and provide assistance in job site observation of electrical construction,testing and start up of electrical equipment and systems,troubleshooting, power quality monitoring and data collection,and instruction and training of operators.HHMI prides itself on the quality and accuracy of our finished products be ft a design for a power plant,a water treatment facility, a wharf,a munitions storage facility,a fuel loading rack,a distribution substation,an astronomical observatory,or a missile launch site. In the Hawaiian Islands and throughout the northern Pacific Ocean,HHMI's name is synonymous with quality.Please think of HHMI the next time you expand,upgrade, or need assistance with your electrical system.We're confident you will be pleased with our excellent services. PRODUCTS Zoominfo Pro Zoominfo Data Services Zoominto Community Edition Zoominfo API A-4 http://www.zoominfo.com/s/ 1011412013 V-1- -1 N .�;, �� I I �­' ,&-, - - " '2-000138�:, Ate 6�,tb Oil to W A SAM ...... .. C150 Nk one WW WE qfmh� OWNS&7WARAWT ww"21mv, AT YhYmi WANKRAW"A", Also K cem WEM -W. `2 P, �wwagmunvo IRMO W�,a OM"OEM! EEO -NH an, muds OWN Wh W Q�11,`11111 z loan -5 MANORNAW, NEW IRMO mum! .......... .qg a 22,- C� 0,MAIN" i NI�M:-,- �H Rpm ......... .... ........­­­,-, T®R 'Momp Raw- V A? ggg PHU 'n! Rr sit! WN NMI P ago. -f-W � . .......... i2g 1 jjjw- gal r 0 U'g coup- KRff ;a K 'Amin ON MAI I a S il r M�'J}t�vr ,�,f��s�•1l�ryj ,rrir � l f �- � Y win IVA gnu � � e r 1 1 y. M v� Y• SPP No. 12-000138 `WP ria Page No. 003396 PEKJA"J.CAYETANO ESTHER UEDA EXECUME CFMCER STATE OF HAWAII DEPARTMENT OF BUSINESS,ECONOMIC DEVELOPMENT&TOURISM LAND USE COMMISSION P.O.Box 2359 Honolulu,HI 96804-2359 Ta4ephow-� 808-587-3822 Fax; 800-687-3827 December 6, 1999 -�p Ms. Virginia Goldstein,Director V� Planning Department County of Hawai'j 25 Aupuni Street;Room 109 Hilo,Hawaii 96720 Dear Ms. Goldstein: Subject: Application. Special Permit Application (SPF 99-014) Use Permit Application(USE 99-005) Applicant: Kamehameha Schools Bernice Pauahi Bishop Estate(KSBE) Request: Development of a.Permanent East Hawaii Campus TMK: 1-6-003:Portion of 012 We have reviewed the subject application forwarded by your transmittal dated November 15, 1999, and we confirm that the proposed project is designated within the State Land Use Urban and Agricultural Districts. The approximately 236 acre portion of the project area in the Agricultural District will require a special permit to establish a school facility as mentioned in the subject application on page one of Section One and depicted in Figure 2. Based upon our review of the subject applications to develop a permanent East Hawaii Campus for KSBE, the approximately 64-acre portion of the project area in the Urban District was subject of a State Land Use Boundary Review. The Office of State Planning filed a petition for Land Use District Boundary Amendment(Docket No, BR93-699)on November 18, 1993 and amended the petition on February 24, 1994 to reclassify approximately 660 acres of land owned by W. H. Shipman, Ltd. identified as Tax Map Key Nos.: 1-6-003: portion (por.) 3, por. 7, por, 8, por, 11, por. 12, por. 13, por, 14, por. 15, por. 69, por. 76, and por, 84, situated at Keaau, District of Puna, Island of Hawaii, State of Hawaii. EXHIBIT 44 5-in SPP No. 12-000138 Page No. 003397 Ms. Virginia Goldste iii- (50 December 6, 1999 Page 2 The Commission approved Docket No. BR93-699 and issued the Findings of Fact, Conclusions of Law, and Decision and Order on July 18, 1994. The Commission imposed twenty-four(24)conditions on the Petition Area (A copy of the Commission's Decision and Order is attached). It is our understanding that these conditions are still in effect for the portion of the project area in the Urban District, and the Applicant should be aware that compliance shall continue when they acquire title to the project area from W.H. Shipman, Ltd. We have no further comments on the applications. If you have any questions in regards to this matter, please contact me or Russell Rumabe of my staff at 587-3822. Thank you for your cooperation in this matter. Sincerely, ESTHER UEDA Executive Officer EU.-aa. Enclosures cc: Office of Planning SPP No. 12-000138 sa Page No. 003398 '+C, / "' 1 I tNp FI 1Atilp'I. � - ;f ; 1 i11TKt UF' 1Yt 111111 ITT I%111!11\KIF\I 41 K11 IIItK r January 7, 2000 Ms. Ester Ueda Executive Officer State of Hawaii Land Use Commission P.O. Box 2539 Honolulu, Hawaii 96804-2539 RE: SPECIAL PERMIT APPLICATION (SP99-014) USE PERMIT APPLICATION (USE99-O05) KAMEHAMEHA SCHOOLS BISHOP ESTATE EAST HAWAII CAMPUS HEAAU, HAWAII TMS: 1-6-03:POR 12 Dear Ms. Ueda: We write on behalf of Kamehameha Schools Bishop Estate ("KSBE") in response to your letter of December 6, 1999 to Virginia Goldstein. Director, Planning Department of the County of Hawaii, providing your comments to KSBE's application for a special permit and a use permit for a school facility. KSBE is aware that an approximately 236 acre portion of the project area is in the State Land Use Agricultural District and the remaining 64 acre portion of the project is in the State Land Use Urban District. KSBE is also aware of the conditions imposed by the Land Use Commission on a reclassification of the portion of the project area to the State Land Use Urban District. KSBE intends to submit a motion to the Land Use Commission to amend or release the present conditions on the portion of the project area in the Urban District in order that the Commission substitute the conditions to be imposed by the County of Hawaii Planning Commission in approving a Use Permit, and by Lhe Land Use Commission in approving a Special Use Permit for the adjoining portions of the project area in the Agricultural District. KSBE desires that the Land Use a 11,14 F4.rnL. Ur.tnlls IIuIu1,1� � 111nru # 51411111nu1.m 3�nK.rll1 � 1.11un1; Illi\[1!1 II til"I 111' 11411 N1.1h 11'\II:I 111.111111 II411114 11114•d+ 1141\41[111 II IN 1111.-1'1 .1^1 4 � �{�CIL 1 t 1 1 1'ut 1\I 44urtil 4a a4:1 11\ =41fa1 4,'t r 4n„ I t1 ul ,41411111, -Iw 5V 1111111111111 111111411!111 �I_';1\11111 "110l ! U 1111 11 VI Iu Ul `1p,•It i 4t11 Inl v1 I't \1 X11111 1 rill e11 11.4114\1 1^-11 R •I l l 1 I 1151 4. 1? `.:gel =.1 I11.11'11t1\I 4o-u:4 ;11�44:k 11\ 4Tust1I"�--I ],, I)I113PI1%1 1HIK1'4h1 :tl. 11\ 4>;4I.t•4pI U." - SPP No. 12-000138 ar Page No. 003399 Ms. Ester Ueda RE: SPECIAL PERMIT APPLICATION (SP99-014) _ USE PERNIIT APPLICATION (USE99-005) KAMEHAMEHA SCHOOLS BISHOP ESTATE EAST HAWAII CAMPUS KFaAAU, HAWAII TWU 1.6-03:POR 12 January 7, 2000 Page 2 Commission impose a single set of conditions directly related to the proposed use of the entire 300 acre project area for school purposes. A more detailed explanation of this request will be submitted to the Land Use Commission in the near future. Sincerely, +PR M. Leonard, AICP ing Director - Hilo Office cc: Virginia Goldstein Yukio Takernoto William W. L. Yuen ° Frank Brandt SPP No. 12-000138 Page No. 003400 SPP No. 12-000138 CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL AND COMMUNITY BASED EDUCATION SUPPORT SERVICES PLANNING DIRECTOR'S EXHIBIT LIST SPP No. 12-000138 Page No. 003401 F- c;0 z a col 0 U O en yr0 V � z �dj a� -o m o C6 min Ad 0 X $ W u a z C. 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M 0 � z c z M Z M ❑c c O �• . cm �. ro ` Z c i>,% W N U O p O . ❑ CL 01 C%4QE tCn "G 0. rn o > o LnU U01 i LE � � Oj U to V) L UC Wu V7 (�} 01 y a v E `—' �c v� � ci i/7 u p m En U cn cu U E N � =3 cn o u En o 0. .� -Ui O cl O _n CJS cum LL m m m Qr z U U Vn Z W m CD O 0. C w Z �, SPP No. 12-000138 Page No. 003405 CL L cu C LL L P1 a) Q 0 E Ln m L; LU C U 0- Q U N cc l� 'may ti r� SPP No. 12-000138 Page No. 003406 EXHIBIT JG I VIDEO OF HOARY BATS IN KAUMANA (CD available in the original record) SPP No. 12-000138 Page No. 003407 EXHIBIT JG2 VIDEO OF DRYWELL EDITA STREET (CD available in the original record) SPP No. 12-000138 Page No. 003408 EXHIBIT 3G3 VIDEO OF BULLDOZING ON EDITA STREET (CD available in the original record) OF , • r SPP No. 12-000138 Rage No. 003409 MINUTES FOR THE MEETING OF THE BOARD OF LAND OF NATURAL RESOURCES DATE: FRIDAY, OCTOBER 26, 2012 TM41i: 9:00 A.M. PLACE: KALANIMOKU BUILDING LAND BOARD CONFERENCE ROOM 132 1151 PUNCHBOWL STREET HONOLULU, HAWAII 96813 Chairperson William Aila called the meeting of the Board of Land and Natural Resources to order at 9:06 a.m. The following were in attendance: MEMBERS William Aila,Jr. Rob Pacheco Jerry Edlao John Morgan David Goode Dr. Sam Gon STAFF Ed Underwood/DOBOR Russell Tsuji/LAND Sam Lemmo/OCCL Paul Conry/DOFAW Nelson AyersMOFAW Eric Kawashima/DOFAW Dan Quinn/PARKS Curt Cottrell/PARKS Stere Soares/PARKS Carty Chang/ENG OTHER Julie China, Deputy Attorney General (AG) Bill Wynhoff,Deputy AG Rick Fried, D-11 Gary Oda, D-11 Mark Roy, D-6 Peter Young,D-6 William Milne, D-5 Steven Lim, K-3 Ted Hong, D-2 Tedd Selden,D-2 Sena Short,D-2 Dakota Helfrich, D-2 John Thatcher, D--2 Susan Lee Loy,D-2 Jeffrey Kalani Gomes, D-2 Dewey Kim,D-2 Bill Cooper: K-1, K-2 Wendy Wichman, K-1 Andrew Nelson: K-1, K-2 SPP No. 12-000138 Page No. 003410 Mr. Tsuji presented item D•9 and said he had nothing to add that Department of Transportation (DOT) was here, The DOT representative didn't have anything to add. Member Morgan moved to approve as submitted. Member Gon seconded it. All voted in favor. Unanimously approved as submitted (Morgan,Gon) Item D-2 Enforcement of Violation on Umacumbered Public Lands, Unauthorized Land Clearing, Construction of Perimeter Fence and Removal of Ohis Timber by Connections New Century Public Charter School,Kukusu,South Hilo, Hawaii; 'TMK(3) 2-5-06:141 portion. Written testimony from Jan Yokoyama; Allen Novak; Patsy Iwasaki; Henry Lee Loy, M.D.; Nadezna Ang, M.D.; Melvin Yokota; Layne Novak and Elise Yamamoto submitted written testimonies to the Board members. Mr. Tsuji repotted that item D-2 is an enforcement action against a chatter school which this Board had previously gave final approval of a lease to be issued for use of public lands, The lease has not been executed. There was some delay of staff receiving the documentation of maps and when it was received, currently, the request for a legal document or a lease is with the Attorney General's (AG) office. He discussed the submittal with his staff and we did not actually receive a complaint that this was a self-report situation. Staff got a call from Ted Hong who represents the School and reported the incident to us. Staff went out and inspected the site noting the grading and fence and some work that appears to be evidence other than what is in the submittal had been done over the cave. Mr. Tsuji noted in the environmental assessment (EA) that makes certain representations about a buffer of I00 foot from the entrance of the cave and the cave was not damaged. After discussing with his staff, Mr. Tsuji didn't think the facts they had before us warranted a maximum fine of$5,000.00 for a first time offense and recommended the fine be reduced to $500.00 and still proceed with the administrative costs. Mr. Hong and some of the students are here. Staff and the Board received a flood of testimonies from residents in the Kaurnana community and las take on their testimonies is they are asking that the Board not approve the lease,but what is before the Board is an enforcement action and not the lease. Member Pacheco said he thinks they are asking to rescind the lease from what he has read_ Mr. Tsuji said again, that is not before the Board right now. Member Morgan asked how he feels about sticking to the recommendation of the removal of the fence. Mr. Tsuji said he discussed that with staff as well and he described the fence. His question was if they had a lease and had gone through all the departments IE plans and specs, would it have been approved and the comment was yes. He wants to take out that recommendation. It sounds like hearing from the community maybe the fence is better to be around there and he thinks the applicant would want to retain the fence. 10 SPP No. 12-000138 Page No. 003411 Member Gon asked the staff said the lease even though it was ...Mn Tsuji said was waiting for it to came back from the Department of the Attorney General (AG). When it was submitted to the AG's office for a final exclusion they had to wait for the leaps and bounds on the map to be prepared. Member Pacheco asked when the lease was in affect what would they have to do with the Department to build the fence. Mr. Tsuji said anything they build would need plans to be submitted to the Department; staff would review it, comes to his desk, to the Chair's desk and would recommend a signature. Member Pacheco asked whether that would not normally be a Board action. Mr. Tsuji said no, staff tries to handle that administratively on the staff level and they make sure it complies with the lease and the intended use of the lease. Member Edlao asked why are you reducing the fine. Mr. Tsuji said #1 this was a self-reported incident. Number 2, he knows a large part of this submittal was talking about the construction and grading that occurred apparently over the Kaumana Caves. His manager Gordon Heit went out there and the submittal was written from his viewing that it looks like the grading occurred over the Kaumana Caves and that is the extent of the evidence staff got, but the Kaumana Caves were not damaged. an the representation on the EA that they would provide a 100 foot buffer from the entrance of the cave, Mr.Tsuji did not see looking back on the Board submittals that in the approval of such a lease that they comply with all representations and warranties made in the environmental document. He doesn't believe we are the ones to enforce if representations and warranties were trade in the EA if something was not complied with, he doesn't believe they are the ones to enforce it. Not for the Land Division to bring forward on something like that. Member Pacheco asked who would. Mr.Tsuji said good question. Member Edlao pointed out that they (the Charter School) proceeded even without the lease. Mr. Tsuji said they did proceed without the lease; they did not have a construction right-of-entry... Member Pacheco asked whether they had a grading permit from the County. Mr. Tsuji said they did not have a grading permit and what he understands, his staff checked it out, there is a violation pending for grading. Member Pacheco said it is significant grading for a fence line. As far as the Kaumana Cave which he knows really well, other than busting through the top the other damages are the biota which he described unless the fence line happened to run along an top of the cave. Crossing the top of the cave would be minimal effect to the cave and he can't imagine this project having any impact on the cave. Member Gon said unless large ohia trees were removed from over the cave entrance, but over the course of the cave. Member Pacheco agreed and said that was only if the line of the bulldozing ran along the line of the cave. If it transected the cave it would be a minimal amount. There are areas in that cave where dense roots are coming in, but in most cases it's not. It would be difficult to quantify the damage. Mr. Tsuji said for recommendation #4 it does reserve the right to impose additional fines if they should have additional information upon further investigation. His staff thought there was some urgency to bring this before. the Board because there was no right-of-entry, there was no lease in place and this was an entity that got final approval for a lease and there was significant grading and construction on the site.. Again, you could go with the maximum fine. He is just saying he has seen more egregious situations in the past where 11 SPP No. 12-000138 Page No. 003412 staff wrote letters and the letters are ignored and they continue on, but here they self-reported. As he knows everything has stopped and issued a cease and desist, but he will leave the fee situation to the Board. Staff has had situations where they get complaints or they had to bunt them down which wasn't the case here as to the School. Ted Hong representing Connections Public Charter School introduced himself, Principal John Thatcher, Eric Boyd -- Executive Assistant for the School, Ted Seldon, Shawna Short, Dakota Helfrich, Halau Lokahi under the instruction of Kumu Hina and Dewey Kim the former Executive Director for Charter Schools. On behalf of Connections Public Charter School we want to apologize that we are here before the Board on this violation. We want to accept responsibility for what had happened and what was done on the cave on the property. Keep in mind we are talking about 2 separate properties. There is a mauka parcel divided by a road and the lower parcel. The fencing was done on the lower road. When we talk about any bulldozing over the caves it was probably done on the southernmost lower portion toe of that particular property. It did not follow the Kaumana Caves on the lower part of the property. The Kaurnana Cave ends on the mauka parcel at AdeJa Street and when they constructed Adeja Street they blocked off the rest of Kaumana Cave. And, we agree with the amended recommendations. Mr. Tsuji mentioned the $500 assessment and administrative costs and they would like to keep the fence up. Mr. Hong said that they brought a bound version of their submittal with supporting exhibits for the Board members. Ted Seldon testified that he is a 14 year old 8`s grader who is here to support his school so he can have a better education. He related his sister's health situation where the teachers at Connections Public Charter School worked with her so that she could continue her education in the hospital on the mainland that the school fund raised for them and welcomed them back home. When he was in kindergarten no school would accept him because he had autism and only Connections got him help at the school. It makes him sad that the Kaumana residents don't trust their students because they come from poor families, but they deserve a better school. He is here to fight for his school. Sena Short testified that she represents the Oh grade. Thcy at Connections thought they had permission to build the fence around the property because they already had the lease and Connections did not know the fence company was chopping down the ohia trees and did not inform therm that they would do that. As soon as the principal found out the trees were cut down he notified the police immediately. She asked to reduce the School's fine from$5,000 to $500. Dakota Helfrich testified that she is a senior at Connections. A fenced was placed at Kaumana because of the concerns of trespassers' and the possibility of future students wandering off campus. Connections administration was not aware that those contracted to build the fence intended to clear away an unnecessarily large portion of the forest. Now that it has been done there are plans to replant what has been destroyed. The fence was the single alteration made at the property simply as a precautionary treasure and not as a claire for entitlement. The Kaumana community is against this Charter School being built because of their concerns that their students are from Puna and are thieves and will break into homes. She takes great offense of people accusing her and her peers that they are unworthy of a new campus because they are not trust worthy. Their school has the most creative, intelligent and minded students because Connections 12 SPP No. 12-000138 Page No. 003413 is one of the few schools where individuality is a treasure to be nurtured, They are not bad kids and have no intention to vandalize the homes of others. Their school is trying to provide them better facilities. She noted that the opposing party vandalized their school in the Kress Building last week and made personal attacks on their principal questioning him. This campus would be an asset to our community and she wished the Kaumana community would give them the chance to prove that. Mr. Hong said in terms of the circumstances regarding the fence the primary reason for putting it up was to protect the asset and that property. The reason was when the lease was first granted and Mr. Thatcher walked the property line he noticed and reported people growing marijuana on State land. He testified at the Hawaii County Grand Jury to prosecute these individuals. When they walked the property line a lot of trash was found on State land — used fires, construction stuff all dumped on State land. They noticed some neighboring property owners encroaching on State land using it for their own purposes — kennels, fighting chicken coops and things like that_ They had 4 community meetings; they walked the neighborhood door-to-door with our conceptual plans of our development and talked to anybody that we could. In those community meetings several community members said you should fence the property to protect it and they did that. They acknowledge and accept that responsibility and apologize. One of the questions they had of staff was reforestation within 60 days and they wanted to know whether they had to start within 60 days or complete it within 60 days because they engaged David Miranda in Hilo and he says it will take 4 to 6 months for him to propagate a similar ohia species and other native plants so they can start the reforestation project. Connections will use this reforestation project as part of their curriculum. Mr. Hong introduced Sue Lee Loy from his office who is working closely with Connections. Member Gon noted that recommendation #3 has been amended to say to remove the fence line and/or restoration work is clear to him when restoring the land to satisfaction of the Department it's speaking of restoration of the plant species of that area. No one could expect to restore a forest within a 60 day time period, but it is unclear on what the parameters would be and asked him to elaborate more on the whole situation in breach of process. Anytime you deal with leased or even owned land in the conservation district it requires a great deal before a fence is built and to explain how that happened without the permits. Mr. Hong said their motivation was based on the all of the factors they told them in his presentation on the last page which lists the mitigation factors discussed. How did we do this without any permits? We were given the final lease and doing all the leaps and bounds and everything else based on the community input. We freely did it without the permits because they thought they were ]case holders that they could proceed to protect that asset and they went ahead and did that. Granted, referring to Ms. Helfrich's testimony that they hired this individual and their contract said only a 10 foot wide at the maximum to help them put up the fence. If you look at the photographs that is not 10 feet and that is not even close and as soon as that was discovered to what was going on Mr. Thatcher went up to the property, confronted the individuals where there was physical confrontation and from there they filed a police report. They reported to the DLNR, they filed a complaint with this individual with RCCA regarding his contractor's license and Mr. Hong sent him a letter from the school saying to cease and desist and if there is any fine they intend to go after them. Based on their response from their attorney we arse on the door step of litigation.but we consider this as much as an affront as anybody in the Department or the Board. They did not have 13 SPP No. 12-000138 Page No. 003414 permission to go onto the property to build the fence. We acknowledge accepting that responsibility and apologize. Member Pacheco pointed out that the work on the fence was not put up in a day or a week, it was an on-going project, and it looks like it was pretty much completed then this all happened. For me there is a gap. If I hired someone to build a fence for me on my own property I would be checking on the progress and expecting immediately that this is what we signed up for. Where is that gap? John Thatcher explained the gap was more coincidence than anything. I would be supervising the construction with whatever was going on. It is my responsibility as the head of the school. I had to go to Texas because of a death in the family. While he was gone Mr. Boyd was monitoring the project, but his wife had complications and had to come to Oahu to have their baby. During that time period Mr. Tbatcher's wife called saying someone is up at the property bulldozing and shaking same houses. He was on his way home and his son called saying a truck was going down the street with ohia posts and he thinks it came from the properly. His son asked some friends near there and said yes those guys were taking logs off the property. Mr. Thatcher told his son to call the police right now and his son made the police report as soon as they knew what was going on. Seeing that they were gone maybe he should have had somebody else up there watching the construction everyday but he is in the business of running a school and he was nave about going through these kinds of processes. Since that time we have gone through our associated non-profit and asked them to support Ted Hong and Sue Lee Loy to make sure we are doing everything right on this project. l wanted to personally apologize also that he is not trying to give excuses, but in the future we will be following the lead of Sue and Ted in everything we do. Member Pacheco asked whether the contract from the fence company was in here because he didn't see that. Mr. Hong said no, they neglected to put that in, but they have it here with us and could make copies— its 2 pages. Member Pacheco said one of the difficulties for us is when we have a leaseholder who has a contractor and the contractor who's responsible. For me in one way he would like to lessen the fine to your school, but in another way I am struggling with finding a way to create some pain to the contractor who did the work in the place. Another thing on condition #3 on the fence removal, he supports that and there is a need for the fence if the school is going to be stewarding that land and could benefit from the fence. Would you be amendable to changing #3 to require submitting a restoration plan to the Department within 60 days? Mr. Hong said they have one already. David Miranda and his wife Snookie Mello, David put together a proposal for the School for restoration to propagate the ohias in the area. Member Pacheco said he would like to look at that contract. Mr. Hong handed it over to the Chairperson who passed it to Member Pacheco. Member Goode said from an education standpoint having sat on the Board of a private school they had fencing issues too. It`s supporting keeping the kids in a certain area and to jeep people out and he understands the need. He wants to see the contract, too. Another thing that keeps corning up is talk about a lease, but there is no executed lease is that correct? Mr. Hong said that is correct- Member Goode said they had somebody trespass on our property and maybe you had some kind of contract with them and maybe giving them some go ahead,but in some respect Mr. Chair we should be going after the contractor, the person who actually did the violation. We 14 SPP No. 12-000138 Page No. 003415 didn't have an executed lease. We had given authority to enter into a lease and there is a lot of paperwork associated with that and maybe you guys wanted to move this along, there may have been funds that were lapsing and maybe something we have to talk to our Deputy AG about, but as far as I can tell we didn't have a lease and somebody trespassed on the property,but it was the contractor and maybe another legal proceeding related to all that. Mr. Hong said he agreed with him speaking on behalf of his friends at the AG's office and would be more than happy to take on that litigation regarding the contractor. It is something they are not taking very lightly. He noted that any assessment comes out of school operating funds whether it's $500 or $5,000. Member Goode said either way it takes away from the kids. Member Pacheco asked you are saying there may be a way to pursue the contractor. Mr. Hong acknowledged that. Member Goode said that is something they could talk to their Deputy AG about in moving forward. What he is concerned about and he knows has (Mr.Thatcher)job is to make sure everything is going smoothly with these kids. Your job is not project manager. When charter schools do a major project which this is and you've only done the first bit of work and it didn't go well. When a school does a project they have DADS who does everything. DAGS has people who have been doing this for hundreds of years and knows this process. It sounds like you don't have a DADS and this is all going to you. If there is a way it's important that you hire a project manager. Maybe Mr. Hong has some folks. There are people out there who prosecute complex construction projects that deal with a lot of legal entanglements, permitting issues, dealing with neighbors, all kinds of stuff and they do that for a living and I think it would be the wisest dollar you'll spend and I would rather see any fine money go towards a future project manager. Mr.Thatcher said that they are already talking to people who say they would like to be the project manager and he said that they would like to get through the rest of the process. Member Goode said although there is the issue of doing the lease and you can't move forward until you get a special use permit from the County. Evidently, that is coaling up for a hearing rather soon with the Planning Commission. Mr. Hong said November gt'. Member Goode said they would have final authority as to the use. Mr. Tsuji said as noted in the submittal there is an on-going investigation based on the information that we have right now and that is why staff thought it was urgent to bring to the Board to resolve for now, but they reserve the right for further information and to impose additional fines and yes. If an investigation shows we can point to another party,but right now I don't have that+ Mr. Tsuji cited the koa logging case where there was a long investigation giving an accurate number of trees logged and a fine based on that, but we don't have that. Member Morgan asked whether you talked to the fencing contractor at all. Mr. Tsuji said no, that staff got the self-report and he doesn't know what DOCARE (Division of Conservation and Resources Enforcement) has. Chair Aila said according to the submittal Hawaii Island Police has started an investigation and may turn it over to DOCARE for further follow-up. Susan Lee Lay, attorney for the School confirmed that is accurate Chair Aila that the Hawaii Island Police Department is doing the investigation and turned it over to DOCARE because of the ownership of the property. They did initiate a review with the Regulated Industries office to take a look at what they believe is gross negligence on the part of fencing company. She referred 15 SPP No. 12-000138 Page No. 003416 to item I I in their binder that they initiated that complaint. It is their understanding is they have been assigned an investigator and have been coordinating information with the School's coordinator. Chair Alla asked Mr. Thatcher in his discussions with the contractor at no time did you indicate with the contractor that they were welcome to take any renes on the property. Mr. Thatcher said no. Member Goode said he is glad to hear that its on-going and something else may come to us. He asked whether this is ag land. Ms.Tsuji confirmed that it is. Staff said to get this done for now and if there is more evidence Iater they could take further action to proceed. He pointed out the extent in the koa logging case and here we don't have much which is why he recommends a minimal fine. We do have unauthorized grading and putting up the construction and when he saw that the School reported the incident to the police it lead him to believe that they weren't in cahoots with the contractor. Member Morgan said that this is not to give any kind of allowance to the contractor, but it's almost impossible:to clear anything with the length of one blade. You have to push it to the side. It's the intent of it. It would have to be a blade wide or it would all pile up. Member Pacheco said you've seers the pictures and I had seen the site:it's a large swath. Member Morgan said its' a 150 feet. Jeffrey Kalani Gomes testified that he is a retired navy veteran and lives directly across the area that was destroyed and lives next to the area that was going to be built on. He related reading in the paper that a bam will be built next to their house and questioned how that happened. He left messages and e-mails with the School and none were returned. Mr. Gomes questioned how a School is allowed to come into Kaumana because the roads are tight and related his concerns with traffic_ He asked why they didn't ask him because he lives there and that John Thatcher is his neighbor. People are not aware and are asking when this happened. His wife is a teacher and they are not against schools, but they told one of the teachers they are against his school being built next to his horse. Everyone in the Community supports the School and asked to read that e- mail. Chair Aila said he will read the e-mail since it pertains the issue before the Board today, but whether or not the School remains in place or the lease remains in place that is not the subject of today's meeting. This c-mail is from Bill Thorpe responding to Mr. Gomes offer to use his shop. Mr. Thorpe's response was Confections Public Charter School meets on Saturday and he is the lead teacher on a project and they are interested in harvesting and use the trees from the property. We are interested in working with you. The Chair commented that whether or not Mr. Thorpe has the authority to speak on behalf of the School in terms of harvesting trees he was not sure, but it pertains to our discussion. If you could, keep your comments to the violation because that is the subject of the Board action today_ Mr. Gomes testified that they witnessed the bulldozer, some neighbors have video, people witnessed the trees being removed, but nobody reported anything because they thought it was their (the School's) property and their trees. At the meeting John Thatcher said they would be 16 SPP No. 12-000138 Page No. 003417 hand clearing the trees to lesson environmental impact and will not came in and bulldoze everything, but the first thing they did was bring in a bulldozer. Mr. Gomes checked out everyone and he introduced himself to thein and these guys looked familiar. Come to find out that the contractor is Chad Soares a known drug dealer and John Gonzalez another drug dealer. They may be reformed, but they don't want them in their neighborhood citing his family's fears. The School has a rule that states you got to do background checks. Did you read the contract? Does it say the students are going help anywhere in there? Chair Aila said your point is they hired a contractor the contractor based on your documents are not the most trustworthy and that contractor has since been rescinded. Mr. Gomes said they are pretending to not know the area was bulldozed. Chair Aila pointed out that they admitted the area was bulldozed. Mr. Gomes said right, but referred to a newspaper article that they are trying to slander us for opposing the school saying they had no knowledge of what was going on. The Chair reiterated whether or not the school is there is not today's discussion, It is really about the violations that have occurred and how we are going to adjudicate the violations. Mr. Gomes asked about the barn being built next to his home and a Barbara lean said that the plans have changed and that is not going to happen, but his concern was when somebody has access to the property they start doing what they want without permits and without permission which is what happened. He related an issue with the School regarding another project in Puna where the community complained, but they got permission after-the-fact. They are dividing the community and Mr. Gomes had signs made. Chair Aila reminded Mr. Gomes to confine his testimony to the violation. Mr. Games related a lava tubelcave that had smoke corning from it where the Fire Department checked it out and couldn't find where it was coming from. They bulldozed with disregard that there might be a cave under that property. The Chair said their staff went out there and determined there was no damage made to the cave. Mr. Gomes said not yet because the cave is still sealed and needs to be inspected. Chair Aila said they will take that advice. He asked whether he had specific testimony on the violations other than what he has presented. Mr. Games said he and his neighbor saw vehicles laden with trees throughout the process. They saw Eric Boyd. He has video he would like to show of the bulldozing. Chair Aila said they would litre to have our conservation officers contact you for access to DVDs and photographs you have regarding the bulldozing and any illegal removal of trees, Are you comfortable with that? Mr. Games said he would also like to leave some photographs with you which he described was taken by one of his neighbors a PhD at the University of Hawaii, this is his statement with Callas after reading the newspaper article. The Chair asked whether he thought he and his neighbor would be willing to talk to investigators and Mr. Gomes confirmed he would. Chair Aila said they will follow-up and have the Hawaii Island Division of Conservation and Resources Enforcement contact you and your neighbor and asked Mr. Gomes to leave his contact information which he did. Mr. Gomes asked to tell your tenant to stop spreading lies about us that they don't hate the School or any school. They are not intimidating anyone. When they (the School) fired the contractor they didn't pay him and now we have angry drug dealers in our area and they need to settle that with them that we as a community shouldn't have to worry about when they might come back to try and collect. Chair Aila said he is sure they tried to contact the contractors that there is legal action pending action against the contractors right now. Mr. Gomes asked to have someone inspect that cave to protect the animals and Chair Aila said that he will be contacted by enforcement. 17 SPP No. 12-000138 Page No. 003418 Dewey Kim testified that he is the First Deputy Director of the Charter Schools and was a Deputy AG for 20 years. Connections is a wonderful charter school and culturally sensitive that he was there when they were looking at the property originally. One of the first things they talked about was protecting the caves, protecting the ecosystern. He related having taught at Punahou and knows these are good, smart kids, but a lot of them don't have any money and they don't have aice facilities. Connections is in the old Kress Building in Hilo. What the State did here is encourage Connections. Mr. Kim spoke of Halau Lokahi's wrestling team winning 4 OLA championships for a first year program and couldn't go to State because they didn't have the$900. The reason why he works with these kids is if you give them anything they will take it to the max and that is why he congratulates this Board for supporting putting a school in a beautiful location set in a location where they are already learning about the eco-system, about love of the land, about protecting each other and these are communities. He related the hardships and negatives these kids face, but they practice by themselves without any adults and aren't out causing trouble. Mr. Kim said that schools are hard to run which is why they don't have any principals at these schools and the reason why he is there that it's difficult for one person to deal with the special education law, special permits, codes, etc. He knows John (Thatches) for 12 years and if he made a mistake it isn't on purpose. In fact, this is contrary to everything John has preached to hire over the years. Mr. Kim related buying lunch for the kids at McDonald's and how one brother saved some lunch for his brother knowing he didn't eat lunch without making a big deal. They don't have electricity and Mr. Kim knows these boys will go to excellent colleges that they are going to be incredible people that people on the Big Island will be happy to know and to support them in any way possible. Two things you need to protect in Hawaii is the land which the Board is doing effectively and the other is the kids. In protection of the land, the caves should be accessible to everyone and leave it in its natural form and should allow the School to put in their school as you already permitted that is culwrally and ecologically sensitive. You give anything to these lads and they will run with it because they have very little. He thanked the Board for allowing the permit to go through that this is the way education will go. Punahou will always be Punahou because they have tremendous resources and will always be good. But, schools like Halau Lokahi and Connections these are the schools we got to watch because they are doing a lot of stuff with nothing. Chair Aila asked whether he had anything specific to the violation. Mr. Kim said the only thing specific to the violation is he knows John and he knows the School. Every word is cultural sensitivity, no gmo's, on and on. For there to have taken down the ohia trees I think was the fault of the contractor as stated by the investigative people. Member Pacheco said that they heard a fair bit of testimonies that was related to our pending lease to Connections and he wanted to communicate that when they give a lease to a property they have to come back with all their entitlements from other agencies such as the County that's where those issues having to do with the surrounding area are dealt with. Is that fair to say Russell? Mr. Tsuji said in this case they do have final Board approval subject to the plan. Member Pacheco asked but, if they can't get their SMA or their stuff from the County then they can't do the school and the lease comes hack to us. Is that correct? Mr. Tsuji said actually, the lease document is being prepared and will be executed in due time. If there is construction of a 18 SPP No. 12-000138 Page No. 003419 building our lease would require compliance with the County zoning, etc. and require a building permit. We don't necessarily bring back the lease unless there was some default under the lease such as construction without a permit, etc. Member Pacheco said he wanted to make clear that us approving the lease doesn't mean that the permission to actually build structures relies solely with this Board. Mr. Tsuji said our lease relies on County ordinances, rules, etc., State policy and if completed they had the EA done and was published. As far as he knows it has not been contested. Ms. Lee Loy said they did submit their special permit application to the County of Hawaii and they prepared a recommendation which is contained in the Board's packet as Exhibit A. There were a number of conditions for approval that they are supporting which also addresses some of Mr. Gomes concerns regarding sidewalks or casements. Some traffic mitigation measures and a few other things that came up in the process. Chair Aila suggested the School work with the neighbors to clear up the misinformation an both sides and the community should be working with the school too. Talk about what the real facts are. Obviously something went wrong and doesn't appear to be entirely the fault of the School and there appears to be a lot of misinterpretation of who is doing what, when where. Increased communication would be a big help the relationship in the community which will take you a lot further. Member Morgan said he wanted to say that he supports the staffs amended recommendations. Member Pacheco made a motion to approve with the following amendments to recommendation #2 by reducing the fine to $500 and assess the administrative fees to the amount of $540 and condition #3 require Connections New Cenni y Public Charter School to submit a restoration plan to restore the land to the Department within 60 days from the date of this Board action. Member Morgan seconded that. Member Goode said he supports where we are going with that he had made mention earlier of a project manager and wasn't sure it was appropriate to add that as a condition, but to him that is key. The language he has is "Hire a professional project manager to execute the project in accordance to all applicable laws, rules and act as a facilitator to the immediate community." We are still involved here, but he can't see how you can run a school and try to execute this project. The Chair said as a friendly amendment. Member Goode said if it's appropriate. Member Edlao asked if we put that in as a condition are we responsible to vet this guy. Member Morgan said it should be a recommendation, but he doesn't think it's necessary. Maybe should add the word "hire" maybe. The Chair asked he recalls that they are on their way to do something similar, is that true. Ms. Lee Loy confirmed that they are through the process of the permit application with us moving on to the State land use. There is going to be a number of conditions of approval and that becomes the road map for us to develop the campus. At that point they will be moving to hire a bunch of engineers, water, traffic - we have all those sub-consultants on board already through the EA 19 SPP No. 12-000138 Page No. 003420 process and are familiar with the concept we just need the road map with the conditions of approval and they will be moving in that direction. Chair Aila asked whether there is someone similar in the role of a project manager that they are considering right now. Ms.Lee Loy confirmed saying yes they are currently looking at that right now. Mr. Hong said that we made a mistake and he thinks Member Goode's amendment we would encourage the Board to adopt that. We are going to show you that we are not going to be back before the Board on this kind of violation, again. Ms. Lee Loy said this process helped us develop those protocols. There was a lot of miscommunication going on at the school and when their office got on board she put together a check list for them on what they needed to do. For example the right-of-entry, we initiated that process from our office. We initiated letting Gordon Heit know what was going on. Those protocols are now in place. Member Edlao asked whether they will see this whole project through with the School or only this. Mr.Hong said he would like to. Right now he is the attorney for this charter school and for this project. Our office supports Connections and charter schools on the Big Island. We are trying to gather the naughty children and bring them into compliance, not only with the State, but with County land planning laws. We aren't making a lot of money off of it. Member Edlao said he wanted to make sure that they (Connections) had somebody to look at the legal aspects of going through the process. Mr. Hong said absolutely. Member Edlao said it's comforting to hear that. Mr. Gomes asked whether to add in the language that background checks be done on people coming into their neighborhood. Mr. Hong said they can't do that Neither the State nor we can do that because that would be employment discrimination and there is a statute specifically about hiring. Chair Aila said we can't make it a requirement, but you certainly could choose your contractors more carefully. Mr. Hong said absolutely. Member Pacheco said as far as amendments,he would rather not do that, but if the applicants are fine with that he is fine adding that condition. He'd rather not get into the business of messing with their business and executing their project, but—Chair Aila said it appears they are doing it anyway. Member Goode said he was fine with it reflected in the minutes. Chair- Alla said we have a motion and second. All voted in favor. The Board: Approved as amended. Recommendation No. 2 was amended to reduce the fine from $5,000 to $500. Recommendation 3 was amended to delete the removal of the fence requirement and revise the provision to complete restoration within 60 days; recommendation 3 to read in its entirety: "Recommend Connections to submit to the Department a Restoradon Plan within 60 days from the date of this Board's action at Connections' expense;" Though not as a condition of the Board's approval, Board member Goode had wanted the minutes to reflect the Board's encouragement (and Connections' concurrence) that the school retain a project management to oversee all facets of the permitting and construction of the school improvements. 20 SPP No. 12-000138 Page No. 003421 STAT&OF HAWAII DOCARE4 VepL land i Natural Resources ;INVESMATIONREPORT Dly.Conservaflon A Resources Ertkrr ement HA 13-M z.PPrrsTnATart EDWIN SHISHiDO L LAND MANAGEMENT:PROHIBrM ACfMTY HAWAII EASTHAWAit L ca.al�tsk lr*.era..d awta.wl &W AAM AGE .OD.E. l pCWP"M GORDON HEFT LAND RGEHT LA OMM TR PK p4 PIL 75 AUPUNI STREET HILO,Ht 91=0 OLNRA MD PIV 261-8554 It.LOCATION OFCWKJW NOGUAWSTLYWA BECTV40 Sitta:rT t2,DATERaiEXAT 0 ardMv 11 DATWINIS RE MMS Edits Rdltfaurnane Drtva -gang 00-15-121000 14.CEaCP9 F l XOM IV o.romE Oa TY09 D•PA's 1L raow tm� TMK(3)2-6-09:141 on Uskal Wit of the road per meaUng wrth Land Ayt Na Mafia ar^Vw(I taro WAC. MWW Ca." w.,. NAW LAO.W.I.M. era 1L�}a11�CYrNEA AGO•Y P.v PTO.. rf$ CwCE w.tvet e e.&%p.dombc_pm Dmeaap R-rhowalp Nese 1LAMle Age C- rte. Mks A�Ph— *�Prm. Connections Charter School 174 Kametweha Ave Hilo,M 900 slat%DWytlru4.w» a a AV WaWd sae I ,I.k 4w Ceps a>rawna. nfa H.PAacetw,rme t,b.rr..pe�e.iter ew.rrk,tlarE2 eumrc.tae.re.cr..srkm.,iae.s.pr.re.+m rlwr�rwiW.n.na,w,.re�sa.vA,i�r .up•s.+,�e 4w.lq.tlre On August 15.2012!0600 hrs.,Wednesday,Chftw SHI SHIDO rust;with DLNRAjnd Dlv L.andAW.Gordon HEIT regarding a moos acrd order to cease and desist Property is located DR of Kaumare DrWs W4 Edft Road.Pub8css1Pn=rrbernd Stade Land TLtK(3)2-008:141,XUKamu,Saulh Hite,M.NkVW twddcadng of pmlmetrr of property and consbmyion of a hog wire fence Wang the perim ater of the property was done.Also,s canptdnt cif glagad taken®of ahia trees was done by Ted H.S.HONG,Attorney for Charter Connedfane School.Par HONG,a HCPQ Fo9cs re-,Grt was AW with a case#C1201650,theft of Ohio trees,end named On the Urfa Fencing 8s the c:llprita On September 4.201ZDBOO hrs..Tdesdoy.0 fluor EMSHIOO aalotte wfth HErT,t9d recheck aetd property prat alae m,K jmY.otda hem taken.A check of the perimeter was darts.Thera ware approsknately 30+ftothoM1s where Officer SHISHIOO observed Lilt tree stumps and cut branches on the grmr4.Sixes ranged from 4'4r In cirramtferenca it cannot be determined H Crass were rant forsurvey parposes and orbetmdary clearing.t � � ie not taoatGrrtaed b7 the amount,si2�or dates and times that tRe ottia(,-c were calm p+ed. Ofd SHISHfDO did speak with two nelghbots.who requested to remarin anonymous,stated that they had observed the fencing workers take our • oNs vto togs uslog P,Ns wd a 16x6 trailer. ,kTTAC11t1lEHT . 1)Land DiMIgn,InspecWn Repast lac Vacant Pmpetty,2)}t-U*and Ordw Cease 6 DasisL 2)mise of Kamm Ona ParcA,41 Letter to tram Tod HONG an behalf of Cannedons Charter Schad m removal of oida trees. Tztsanrmna . CLOSED,CASE REFERRED TO LANG DIVISION FOR THEIR REVTEW,PERUSAL AND FINAL DISPOSITION. ROUTE A COPA OF THIS REPORT W CTHOUT ATTACHMENTS TO Lr.,ND 011FlSION ATTTN:GORDO N HETI, 22AEPCdrrwAnt2m Wr Bw1pP r:. O.dRm1 as O.ere im. EDWIN SHISHIDO t 988 Cg 04-12112.§4 xA.vaP^srrral ,llCm.wr i JO:�airn. {lA• [ IC:irrAYO ArfO :b.Oxr.Me. -, R.M1 W SPP No. 12-000138 Pa a No. 003422 i STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DMSION INSPECTION REPORT FOR VACANT PROPERTY TiVV NUV KEY: � 2-5-06:141 _ Inspection date. Sl1 Df 12 Inspection time: 9:30 a_m_ 1. Explain the physical condition including any improvements (ie grass overgrown, wili'wili trees, abandon vehicles,clogged concrete lined ditch,broken chain link fence,etc.):_State proyerty is located in the,mimer Knimana area_o Hilo Town. The subject Darcel was recently approyed.by the Land Board for a direct lease for charter scPraoI purpose to Connections New Century Public Charter School. The l2n erty is unimproved with, a_ thick -Qw,(h of Ohia trees and Hapat'a ferns. It is a rock-y,_stopint uneven totrogranhy. There is a drainage ditch enteriub Iowerropert,Yon the east side from underneath - Edita Street. It appears the drairra a water flows into a lava tube on the roerty. 2. Is mairftmmce is requfi-ed? de cut Vass,tree removal,install government sips, etc.) - Site inspection was initiated by complaint concerning bulldozing and fencinZ on the prove&. The investigation revealed extensive Imid nearing~glom the perimeter of the_ lowerprouerty. The clearing atsvears to have been fnerforined with a large bulldozer as evidenced by the width of the clew inz The entire propejV has kin fenctd with hog wire with farm gates at several intervals-Documentation is still trending for the issuance of a direct lease to the eharter skbool and there is no record of a(tight of entry authorizing the school to enter onto the State land and bggja clearing and fencin . A request from the attorney epresen-tingAbe school was received_for entry onto the land to conduct an initial_ survey in_preparation of the campus. Sta$is recommending an immediate cease order be issued to Connections Charter School and this master be taken to the Land Board for risible fines. -- - -- 3. Completed by: Gordon Heit Date: 5;13/12 Reviewed by: __.._...._..._ SPP No. 12-000138 - Page No. 034 3 . n,,-r 7-- r -};v f ou y► MmAhtAptpMu r'�f r�CXVATMX LOP � Dan c n ppG��HAW1Sl 0 ,r FAMICOMLY ana�rarrr�nr A M6]dAM K TAM s, tQ117T0�-�A'OL aG49Y�AO CCAV1Ct[J17'1G71 Q7WFA7Q�tl11C2NU4�? �Y21YaID71 AlmCp,ASLiLLtll� STATE OF HAWAII cr AMWROM MPART ENT OF IAM ANA NAT URAL RESOURCES ; '' mww MJMWATAMF um M P05T Dk'AM BOX 521 auntsixs H04 Li1MHAVAA 96809 August 15,2012 NOTICE AND ORDER Connections Public Charter School 174 Kamehgmeha Avenue Hilo,Hawaii 96720 SUBJECT. Megal on Public Lands Ideatife�es Tax Mair Key: 3"d12-5- 06:141,Kukuan,Soirth Hilo,Hawai NOTICE IS HEREBY GIVEN that you are in violation of Hawaii Administrative Rules UTAR) Title 13, Chapter 221, entitled"Unencumbered Public Lands"providing for the control of public actir-ities on unencumbered public lands, enacted pursuant to Chapter 171, Hawaii Revised Statutes(HRS). An 'inspection of the premises on w1fich the illegal activity has been conducted was made on August 10,2012 by the Department of Land.and Natural Resources. We have determined that: 1) The subject property, identified as tax map key: 3r�1.2-5-06:141, is unencumbered public lands; 2) The following uses were conducted on the subject premises: bulldozing perimeter of Property.construction of hoZwire fence along perimeter of property, 3) These uses were not authorized by the Department of Land and Natural Resources under Chapter 13-221,HAR. YOU ARE HEREBY ORDERED TO CEASE any further activity on the subject premises. Should you fail to cease such illegal activity immediately, you will be subject to fines up to $5,000 for a fust violation plus $1,004 per day in which the violation continues, 510,000 for a second violation plus$2,000 per day in which the violation continues, and$20,000 for a third or subsequent violation plus S4,000 per day in which the violation continues, pursuant to Chapter 13-221,RAR, in addition to administrative costs incurred by the Department. SPP No. 12-000138 r b Rd H.S. Hong 3�'1- t� Pae o. 003424 t Attomey at Law -Div �, � calpryment.wofxplauLrwa-UtWkj Sue.L.K. Lee Loy Mnnew and Legal Awlstant 1011 AUG —6 P 2: 37 August 2,2012. RECEIVED SAND OWS(ON H il_0. KAWA 11 John Gonzales,Owner On the Line Fencing Post Office Box 1810 Keaau,Hawaii 96749 RE: CONNECTIONS CHARTER SCHOOL Dear Mr.Gonzales: My name is Ted H.S.Hong and 1 represent Connections Public Charter School,hereinafter "Connections." Today,August 2,2012,I was notified by the leadership of Connections that you and/or workers associated with you and/or your company,On The Line fencing,removed trees (Ohio)from a property located off of 1Edita Street,owed by the State of Hawaii and ftuther identified by TMK(3)2-006;141. Effective immediately,you are only to go onto the subject property after notifying and receiving the approval of either myself or someone in a position of authority with Connections. Any r j violation of this instruction will be considered a trespass onto the property. The removal of high value trees(Ohia)without permission from the State is a criminal and civil violation of Hawaii Revised Statues and under contract with Connections you are hereby required and farther demanded to provide my office with a copy of your Business Liability Policy and/or a name of your liability insurance agent within ten(10)days of receipt of this letter. Information can be directed to my office at Post Office Box 4217,Hilo,Hawaii 96720. This letter also serves as notice that we will seek indemnification from your company in the Fl event that the State of Hawaii imposes any fine or other penalty against Connections. We reserve the right to file a lawsuit against you,your company and criminal charges against those individuals involved. x Should you fail to provide my office with the infonnation requested above within ten(10) days I will proceed on behalf of my client to pursue any and all legal remedies afforded under the law, rano, Finwoi'i 96720 PhOiTc: (A08) 90Q-3:56 =�rnall: thshong msn.carrz SPP No. 12-000138 ... _ Page No. 003425 Gordon HETI' Augist 15,2012 HA 13-059 75 Aupum St (Edwin;S Land Management: Hilo,HI 96720 _. ^�. "� - _� .j.,._ _ FrobMed Activity _.SI-PPLDdMALREPORT Page 1 of'9 On August 15,2012/0900,Wedn y, Offica SHISM0 met withDLNRILand Agent Gordon HEIT mgambng a notice and order to cease and desist fur Charter Connections School(CCS),of activityon property located off of Kmimana Drive and Edna Road. Public uneacumbered State Lend TMK(3)2-5-05:141,Kula-ao, South Hik. Officer SHISHIDO was tasked to inspect said property makai of Edna Street parcel to verify violations had occmrred.On September 4,701210800 l rs,Officer SHISHIDO conducted an fimpection with an ATV and fomad flat the whole makai side pares]had been bulldozed and fenced. Officer SMSHIDO did find several stumps of cut ohia trees on the southern,border,REFER TO DOCARERWES11GATIVE REPORT HP,13-059 PACE PAGE FOR PRELIMINARY FINDINGS. On November 7,2012, Officer SHISH DO was tasked to do a follow-up inve.stiaation into this case. This report is divided ido two(2)parts.First part will be to address the issue of bulldozing.The second part wM be to report-fludbW on the theft of obis trees. CUM���,1VI1 MER5 COUAgM its contacted of the sunding area m close proximity to the property.All contacted individuals border the property or live within several hundred feet of the said property Individuals have professional backgrounds from doctors,teacbers, researchers, scientists,nurses,dentist,tedinicianss,engineers,policemen FENCING CONI ANY IlffD On-the-line Fencing Owner— SPP No. 12-000138 Page No. 003426 Gordon HETr .August 15,2012 HA 13-059 75 Aupuni St - (Edwin SMMMO) Land Management: Hila,M 96720 Prohilfited Activity SUPPLNENTAL REPORT Page 2 of 9 SIIRVY C01+IP'ANYM Island Survey Owner t y� INVESTIGATION OF$'ULLDOZING On November 7,2012/1100,Sunday,met with Jeff GOMBS regarding the bulldozing of said unencumbered State laud on Edits Shleet.Met with GON ES at his place of business in Ke=Shipman Industrial Park. Per GOMES stated that be did not know of any hulldoziog permit was issued.GOMBS also stated that no contact with CCS to do any land ckaring of any type except to hand clear boundary kine of property.GOMES fiutbf stated that he had no knowledge of any fencing to be done on said property. Officer SIUSHIDO began contacting residents in the area on November 11 &12,2012 to gather information fur the investigation. It should be noted that all residents contacted also stated that there was no knowledge of any proposed school was to be built on said land until on or about April of 2011. It should be also noted that all contacted residents of the area was never given any notice of any kind by County,State or CCS except on or about April 2011.Information was passed ground the community by`word of mouth"by a couple ofresidents who got a flyer in the mail and from the Hawaii Tribune Herald news articles.By that time,to their knowledge, permits to go ahead with the project was already given. Officer SIESHIDO received a CD disc from GOMES containing a short video and photograpbs that a had taken. Officer SHISHIDO contact on 11.12-1211330, and asked when the photos& video was taken Per the video was recorded on June 19,2012hime unkown. �stated that the photos was taken on or abort that day.Time unknown. ...,continued SPP No. 12-000138 Page No. 003427 Gordon HE1T Augast 15,2012 HA 13-059 75 Aapuni St (E�5h3JSH1UO) Land Marragement: Hilo,HI 96720 Prohibited Activity SUPPLEMENTAL REPORT Page 3 of 9 ]CN IEUGARR1 OF$Ul~,][,JM1 11TG ....continued stated that on this day,Jane 19,2012,be confronted Eric BOYD, a CCS representative;about having permits.Perms,BOYD stated to him tbat per CCS lawyer,no permit was neoded.BOYD farther states]that this fence they wen Putting up was to let residomts kno*that this prayed"was going to bagpea." No mention ofbulldoziag,land clearing or Bing is mentbued in the ROE for Topographic Survey. CCS was requesting the ROE in order to complete any necessary topographical surveying to better determine the campus location. Tbm bulldozing and fencing was done prior to the granting of the ROE. On or about August 10,2012,per DLNR/Land Agent,Gordon REIT,stated that be got a call from Sue LEE LOY,Legal Assistant of Ted HONG, CCS Attorney, that theft of Ohia trees on the pmpa ty had occurred and bulldozing and fencing was done.Per HEIT, he went to the properly on or about Aught 10,2012 to inspect the property and found violations.REFER TO HA 13-059 ATTACHMENT 2 FOR CEASE AND DESIST ORDER FROM DLNRILAND MANAGEAIENT TO CCS. Please note that a HCPD Police a;epor# C12018558,Theft of Obia logs was filed by a on J*14,2012. On November 12&13,2012,Officer SHISH DO was in contadt wkbpM owner of On the-Line Fencing Contracting Company.Per dIWAIM a proposed'aontractto fence the makai property was done,signed by BOYD,on 05-21-12. Per it was fogad that proper fencing of the boundary could not be done properly and within time cants so a second contract was done to amend the first. The second amended contract was dated 06-12-12 and signed by & BOYD on 06-13-12. The second contract refereaoes to excavation and bulldozing, the use of trucks and machinery to complete all sides and back of property. ....camtiarsed SPP No. 12-000138 Page No. 003428 Gordan RM August 15,2012 HA 13-059 75 Aupuni St (Edwin SMSHIDO) Land Management: Hdo,f l 96720 Prohibited Activity SUPPL MENTAL REPORT Page 4 of 9 IlVVFSUG,4Ti0N OF B OZVNG ....contnmed Per a D9 bulldozer was used for this project and the blade width of the dozer is approximately 14 feet wide.Also,BOYD was made aware of excavating,dozing ad pushing of grubbed material will result in a wider clearing due to the material had to Pushed off to the side, Per ,on or about 05-21-lZ when on the site visit, stated that be saw individuals on the property already hand clearing the areae along the borders. Per ,the individualbe saw was a ?,(unkown to the spelling).This individual staied that he was being paid to clear the boundary.Per this individual is a personal friend of BOYD. On this not stated that he saw cut obia trees and logs. also stated tbat he saw a aid wife on the property with weed whackers, machetes and chain saws.Per these individuals were on the property a week before was there. stated that fig the eececavation,bulldozing, grubbing and fencing,he and BOYD were in touch with each other on a regular basis to update on the progress of the project.BOYD was also prat at the job site vibile the project was going on. Per residents in the area interviewed, a majority of them stated that they witnewed BOYD on site at the project.Several residents stated they aL90 witaessedW SIMMEM at the location. was recognized because ofhis long ponytailed hair. Per ,actual bulldozing started on or about early lune 2012 and the completion of the job including fencing concluded on or about August 3,2012. ....continued SPP No. 12-000138 Page No. 003429 -Gordon HE1T August 15,2012 HA 13-059 75 AuputFi St OMwm SHISH M) Laud Mmagement Hilo,Hl 96720 Prohilyked Activity SUPPLUAENTAL REPORT Page 5 of 9 rWrMTIGA_"0 OF B-uu zggG ....contused s T1HE RMMLCZ&U0NM B'11IJ,Do G To summarize this first part ofthe investigation,per residents contacted and their witnessing of the bulldozing,grabbing clearing of theundary and fencing,also taking into consi+dem6on the ROE date,contract dates,initial assessment of the project by and the start and finishing of the project,Officer SMSBMO concludes that CCS knew of the ongoing bulldozing,grubbing,clearing and fencing on all phases of the project. SPP No. 12-000138 — --- - Page No. 003430 Gordon HEFT August 15,2012 HA 13-059 75 Aupuni St (Edwin SHMM)O) Land Management. Hila,FII 96720 Prohibited Activity SUPPLDVEWAL REPORT Page 7 of 9 OMA TRElt;TREEI On November 7,2012—Noveoxber 12 dt 13,2012,in conjunction with the bulldozing mvestiga&a of said property on Edita Road,Officer SMSH DO conducted the ohia tree tbe$sirmltaneously.Interviews of residents of the surro-aad*area who witnessed any removal of ahia trees from the sena location wem conducted. On November 7,2012,Leff GONMS was interviewed ofwhst be witnessed.Per COMES stated that he saw a white truck hcense plated in connection of the taking of- ohia logs.RO check on the vehicle came out to a Hilo,HI,96720.Driver license check came mailing address of Hilo,HI 96720,home ad Hilo,HI 96720. GOMES also stated that a teacher, from CCS had been in contact with COWS,due to COMES hes a woodworkiog shop business,to work with him on wo with wood dWW email,dated Ajay 1,2012, from�,stated that IINW a teacber at CCS,is interested in starting to harvest and use the trees from the new property.It appears Eric BOYD knew o fthis intention o fusing the obia trees and that GOMBS can contact BOYD for further assistance,as 'stated in the email. Some of the residents of the area,on Edita Road and Mele Manu Streets,did observe ohia. logs being stacked in piles near the Edita Road entrance of the property and loaded on a trailer by young adults, ages late teens to early 20s, also a f=ale(s)was observed helping in the stacking and loading.The observations by the residents were witnessied before and during the bulldozing and fencing. ....continued SPP No. 12-000138 Page No. 003431 Gordan FM August 15,20T2 HA 13-059 75 Aupurii Si (Edwin SMSHIDO) Land Management: RUo,M 96720 Prohibited Activity SUPPME'NTAL REPORT Page 8 of9 QM ITM UM ....ceatisned resident of the ares,� ,did ask one ofthe young thea shwkmg wezvrl skdks on a trainer if hes could take sonrc o}Jia logs for firewood.�stated the yotmg man stated to him that it was no problem,the owners don't mind.�didn't take any trees cine to some ohia trees fell in his back yard. also stated that the trees in his back yard was sufficient for his vse. Officer SHISMUs iaffid inspectkm did note that approxim ely 30f locations where ohia tree stumps could be observed and Cat brae%by cbainsaw,were rioted,It should also be noted that areas out of the boundary was cleared and a lot of ohia tree fps was m the cleared area out of the property. Per stated that he did not take any ohia trees/logs from the property. fmtber stated tbst be also saw the cleared area with ohia tree stumps in the neighboring propertim and on the property in question,This stated that the person was responsible fDr along with and No residents of the sumunding areas ofEdita Road or Mele Marna Stred could positively identify the individuals staddog,loading or hauling out the cut ohia tree logs.The residents codacted coin only say it was young adults and some female individuals. ps stated by alt the mWents and 9 that BOYD was present while all this was taking place. SOM Due to no evidence and no witnesses who can positively identify anyone responsible of taking the oliia tree logs Officer SMSMO carmot determine who is acftially responsible of this action. However;CCS project manager, BOYD, was there at the site while it was occurring.This was stated by residents who observed BOYD&THATCIMR at the project site.STzvey company Island Survey, also stated that he nor has crews saw any tress taken out by anyone. Residents on Kmm=a Drive did recall seeing a heck wvith a trailer loaded with olra tree logs drip a out on several occasions. SPP No. 12-000138 Page No. 003432 Gordon HEIT August 15,2012 HA 13-059 75 A*mni St (Edwin SHISHIDO) Land Management Hilo,HI 96720 Prohibited Activity SUPPLIldENTAL REPORT Page 9 of 9 CONCLUSIM To conclude this investigation, Officer SHISHIDO,taking only sects,statements from resides in the area and the cantrador ,that CCS know of the ongoing violations that was occurring.It is difficult to believe that CCS know nothing of the bulldozing,grubbing land clearing,fencing and removal of ohia tree logs.The letters written by Ted HONG's office,of its content in the Ietteas,of improper and blatant destructive work toward bas dates that do not coincide with witness statements and statemeats from himel£Further, stated that he did not know he was doing anything wrong while the project:wets ongoing.This is because BOYD was aware of all,phases of the project. fQnnd out about the police report of theft of ohia trees only after on or about August 1,2012. also stated that he found out of the improper buEdozing,grabbing, clearing and fencing on or about August 1,2012 DLSPOSTTION CLOSED. CASE REFERRED TO THE DLNR CHAIRPERSON'S OFFICE FOR THEIR PERUSAL AND FINAL DISPOSITION. rh � Edwin A. SMSHIDO CREO M 3 es WEILER Sup East Hawaii DLNRIDOCARE EAST HAWAII I1-1412/1545 SPP No. 12-000138 • Page No. 003433 Educational Specifications (EDSPECS) For High Schools Department of Education, State of Hawaii December 2006 EDSPECS for High Schools TableGPo n -000138 3434 Chapter 3: Guidelines for Spaces (Cont'd) Support Spaces Section 341 Administrative Center.....................................................................341-1 - 9 Section 341A Comprehensive Student Support System (CSSS) Space ...........341A-1 -5 Section 341 B Receiving/Storage Room.............................................................3418-1 -2 Section 341C Safety Office.................................................................................341 C-1 - 3 Section 341D Student Services Coordinator/Educational Assistant (SSC/EA)Office ........................................................................341 D-1 -3 Section 341 E Student Activities Space...............................................................341 E-1 -3 Section 342 Cafeteria[Food Service Center.......................................................342-1 - 18 Section 343 Custodial Service Center................................................................343-1 -3 Section 344 Library/Information Resource Center.............................................344-1 -8 Section 345 Computer Resource Center ...........................................................345-1 -4 Section 346 Faculty Center................................................................................346-1 -3 Section 347 Teacher Planning Center...............................................................347-1 -3 Section 348 Storage Space................................................................................348-1 -2 Section 349 Toilets.............................................................................................349-1 - 3 Section 350 General Utility Closet......................................................................350-1 - 3 Section 351 MechanicaVElectricaUMedia-Communication Rooms....................351-1 - 3 Section 352 Adult Education Center ...........352-1 -5 Section 353-370 (RESERVED) Physical Education Section 371 PE Lockers and Showers.............................. ................................371-1 -7 . Section 372 Athletic Lockers and Showers........................................................372-1 -5 Section 373 Gymnasium....................................................................................373-1 -6 Section 374 Outdoor PE/Athletic Facilities.........................................................374-1 - 9 Chapter 4: Sustainable Design Criteria Section 401 Sustainable Design Criteria............................................................401-1 -2 Chapter 5: Acoustic Design Criteria Section 501 Acoustic Criteria....,........................................................................501-1 - 16 Chapter 6: Mechanical Design Criteria Section 601 Air Conditioning and Ventilation Systems......................................601-1 -5 Section 602 Plumbing.........................................................................................602-1 -4 Chapter 7: Electrical Design Criteria Section 701 Exterior Electrical Distribution Systems.........................................701-1 - 3 Section 702 Interior Electrical Distribution Systems...........................................702-1 -4 Chapter 8: Multi-Media Design Criteria Section 801 Multi-Media Systems......................................................................801-1 - 10 Section 802 Utilities............................................................................................802-1 -4 Section 803 Media System Conduit Identification..............................................803-1 -2 Section 804 TelecommunicationInfrastructure..................................................804-1 -4 Section 805 Cabling Specifications....................................................................805-1 -6 Section 806 Testing and Inspection...................................................................806-1 -2 Chapter 9: Safety and Security Design Criteria Section 901 Safety and Security........................................................... ........901-1 -2 Table of Contents Page 2 � EDSPECS for High Schools Table§P(P 38 � . -"- N- _- -- ���U� �� �������� nx*��nn� ��o ����""��""~~= Pages CoverPaQe .................................................................................. ................................1 1 - 3Table Contents........................................................................................ ................... - 3 Acknowledgments................................. ........................................................ ..............'k Preface.......................................... ...................... ............................ ___ .............iii Chapter tIntroduction Section101 General........... ............................................................................... O1-1 Section 102 Background ...................... ............................................................. O2' Section 103 Description ofthe Educational Specifications................................ O3-1 Section 104 Format ofthe Educational Specifications....................... ...............104-1 -2 Chapter 2: Planning Section 201 Planning Guidelines, Site Considerations, and Site Concepts for High Schools.................................---........ ..........................2O1'1 -5 Section 202 Functional Relationships........ .............................. .....................2O3-1 Section 203 The Chan»tte Process Guide.......... ................ ..............................2O3-1 -4 Section 204 Preparation for the Charette...........................................................2O4'1 Section 205 The Process Before and During the Chmrette.......... - ...............2OS- -Z Section 206 Process Oiagrams- ... .................................................................ZU$-1 - 5 Section 207 Program and Academic Support Elements and Design......... ....... O7-1 -5 Chapter 3: Guidelines for Spaces Section 301 Explanation ofSmofionFormat.......................................................3O1-1 -2 Instructional Spaces Section 302 General Classroom................................................................. ......302- -5 (Attachment 1) -Language Arts...... ...... ...... ............................. 1 (Attachment 2)-Mathematics.............................................. .- 1 -2 (Attachment 3) -Social Studies .............................................. ... 1 -2 (\ftaohmen 4) -World Languages.......... .................................. 1 Section 302A Breakout Room ............. . ................. ...........- ............................3O2-A' -3 Section 303 Special BJunmUon Classroom...................... .................. ....... ......3O8-1 -7 8ncUon3O4 Natural Resources..........................................................................3O4- -8 GeoUon3OS Art Education................................— ........................ ..................3OS-1 - 11 Section 306 Business Eduoohon. ................................... .................................3O6-1 -8 8eoUon3O7 Dance and Theater.........................................................................3O7- -4 Section 308 Family and Consumer Science......................................................308- -13 Section 309 Industrial Arts .................................................................................3O9- -24 Section310 Music....................... .................................................................. ---310-1 -8 Section 311 Science.......... .......... .............................. ------ ...........................311'1 -G Section 312 Co-Curricular Flex Space (Hold onImplementation ofthis component a&this time) ........ - ......................... .......................312-1 - 3 Section 313 Instructional Commons (Hold onImplementation ofthis component m1this time)................................................. .............3134 -2 Section 314 Exterior Commons...................... ......... ...... ..................................314-1 -2 Section 315-34O (RESERVED) EDSPECS for High Schools SPP No. 12-000138 Page Na. 8 3436 Acknowledgments The revised Educational Specifications and Standards for Facilities for the elementary, middle/intermediate and high school was formulated with the assistance and involvement of school, district, and State Department of Education staff members, staffs of the Department of Accounting and General Services, Planning and Economic Development, Budget and Finance, and professionals in the private sector. We thank the following participants for the invaluable knowledge and assistance in this effort along with all others who may have been inadvertently left out of the list below: Helen Gokan—DOE/DLTSSISystems Gerald Sake—Teacher, Moanalua High School Francine Grudzias—DOE/DLTSS Malia Melemai—RT—Hawaiian Immersion Carol J. Ching--DOEIFacilities Branch Studies Nick Nichols—DOE/Facilities Branch Russell Yamanouchi—ES/DLTSS/CSAP Ken Kajihara—DOE/Facilities Branch Glenn Tatsuno—ES/DLTSS(Counseling) Brenda Lowrey—DOE/Facilities Branch Betsy Moneymaker—ES/DLTSS Clifford Yamanouchi—DOE, Network Amy Ng—ES/DLTSS Support Services Gracie Matsuo—ES/DLTSS Ralph Morita—DAGS Planning Branch Verna Chinn—DOEIDLTSS Kerry Koide—DOEIATR/DLTSS Dee Helber—DOEISSSB Ron Toma—DOE/DLTSS/Oasis Dwight Toyama—DOEIDLTSS(Athletics) Bob Golden—DOE/SSSB Gene Kaneshiro—DOE/School Food Services K. Kim—DOE/Network Support Services George Okano—DOE/Transportation Lester Chuck—DOEJFacilities Branch Dan Yahata—DOE/DLTSS Carey isobe—Dags Planning Branch Bert Yamamoto—DOE/OMS Puanani Witheim—DOE/Hawaiian Studies Russell Mau—Hawaii Sound Systems Debra Farmer--DOE/Special Education Bob Henniger—Hawaii Sound Systems Mike Fahey—DOE/Special Education Don Smith—Alert Alarm of Hawaii Mel Seo—DOE/Safety Doug Schlief—Alert Alarm of Hawaii Rodney Goo—DOE/Safety Henry Lott—Alert Alarm of Hawaii Annette Nishikawa--Principal, Kapolei Middle School William Baum—The Audio Visual Co. A Nagasako—Principal, Kapolei High School Ainsley Mahikou—The Audio Visual Co. Sylvia Lee—Vice Principal, Keau High School Patrick Lee—the Audio Visual Co. Jaqueline Heupel—Moanalua High School Kari Yoshida—DOEIRM Bob Eggersion—Moanaloa High School Larry Gaddis—DOE/NSSB Caroline Wong--DOE/Student Support Services Bernie Asakura—DOE/NSSB Diana Oshiro—DOE/DLTS Les Goto—DOE/NSSB Diane Matsuoka—Principal, Waikele Elementary Ron Sadetani—DOE/NSSB School Lance Mitsuda—DOE/NSSB Dale Castro—Vice Principal,Waikele Elementary Daijo Kaneshiro—DOE/School Library Services School Vickie Kajioka—DOE/Systems Anita Bruce—DOE/NSSB Mike Miyamura—Principal, Kapolei Elementary Neil Tomita—DOE/SRB School Mary Sobelski—DOE/SRB Stanley Kayatani—DOE/Kalihi Kai Lana Mito—DOE/SRB(Student Activities) Kevin Boggs—DOEIDole Middle School Michael Barras--DOE/SRB (Vac Ed) Keith Tomishima—DOE/OMS Valerie Kurizaki—Teacher, Kapolei Middle School Daniel Hamada—DOE/Kauai Distract Kathy Nishimura--DOE/SRB(Math) Superintendent Athony Calabrese--DOEISRB(Voc Ed) Maggie Cox—Principal,Chiefess Kamakahelei Andres Libed—DOE/SRB/DLTSS(Music) Middle School Stephen Kow—DOE/SRBIDLTSS(Computer Lucretia Leong—DOEITSS/Library Education) Darryl Galera--Principal, Moanalua High School Aileen Hokama—DOE Ray Minami—DOEIFacilites Branch Justin Mew—DOE(Science) Jerry Nishida—DAGS/Project Management Anthony Chun—DOE/Leeward SRB Branch Randall Higa—DOE/Safety Allan Yamanoha—DAGS/Project Management Debbie Hatada—Vice Principal, Kapolei High School Branch Stanley Seki—DOE/Leeward District Paul Kodama—DOEJTeleschool Gillian Hong—DOUreleschool Acknowledgements ii EDSPECS for High Schools Chapter 1: AprgcMehjr -000138 3437 Chapter 1 : Introduction Section 101 - General "The Educational Specifications and Standards for Facilities" shall control and provide the basic guidelines in the acquisition and development of school sites and in the master planning, designing and construction of facilities for all public schools in the State of HawaN.' This document, referred to as the EDSPECS,was developed to meet the need for a comprehensive guide for consultants, the Department of Education (DOE), the community, other government agencies, and the public in the design and planning of new schools and additions to existing schools. The EDSPECS are divided into three volumes, for use at each of the three educational levels: elementary, middleAritermediate and high. Although much of the information for school design is the same across levels, the volumes are meant to be used independently. Each volume is categorized into various chapters which provide the appropriate design criteria for a school. To the extent possible, non-technical language is used throughout the guide so that it can be easily understood by all stakeholders: educators, community leaders, parents and students, as welt as technical experts in school facitities. A glossary is also included for the many acronyms frequently used within the DOE (see Appendix 2—Glossary of DOE Acronyms). END OF SECTION 101 ' Board of Education Policy 6700: Facilities Standards General Section 101-1 EDSPECS for High Schools Chapter 1: IR1PAt<AO;2-000138 03438 Section 103 - Description of the Educational Specifications The EDSPECS is a guide for the planning of school facilities that takes into account a collection of objectives relating to the needs of the community, educational goals, policies, processes, and statements of various support programs. In order for a school to meet the needs of a community, questions have to be answered during the initial programming phase. The EDSPECS provides a framework with a process and format for planners to collect and analyze pertinent information such as teaching styles and student learning styles, before moving on to technical facility requirements. This participatory process provides the means of involving educators and the community in acquiring greater knowledge of how everyone uses their facilities, in becoming better informed about the successes faking place in their schools, and instilling a sense of pride and ownership in their school. This document provides the basic data and information essential for a clear understanding of how the physical plant should support instructional objectives. The EDSPECS are intended to be used as a guide when designing and building new schools. When renovating older schools, the EDSPECS shall be used a reference and followed where economically, structurally, and instructionally feasible. In addition to the EDSPECS, all applicable codes and regulations must be followed in the construction of school facilities. These include, but are not limited to: applicable local and State building codes, fire safety requirements, and Americans with Disabilities Act Architectural Guidelines (ADAAG). In many cases, due to outcomes of the design charette process, there will be variances to the standards set forth within this document. Documentation of the decisions made during the participatory charette process is essential. See Section 203 for the Charette Process Guide. When considering formal changes to the EDSPECS, refer to the procedures outlined in Appendix 3 —Educational Specifications Development/Revision Process. END OF SECTION 103 Description of the Educational Specifications Section 103-1 EDSPECS for High Schools Chapter gPiplim-de-000138 03439 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 Tyre of School Minimum Enrollment Elementary 550 MiddleA ntermediate 600 High 1,000 201.3 Site Selectlon 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 MiddleAntermediate School 18 acres High School 50 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. Planning Guidelines, Site Considerations, Section 201-1 and Site Concepts for High Schools EDSPECS for High Schools Chapter 269RrIJ-000138 3440 201.4 School Land Donated to Meet a Fair-Share Condition When the DOE is the recipient of a school site to meet a school fair-share condition, the Educational Contribution Agreement between the DOE and the donor of the land shall spell out specific requirements to address subdivision infrastructure, service allocations, easements, land title issues, hazardous waste, and conveyance requirements. 201.5 Site Development Plan Aesthetic and functional considerations in development of a school site are important to both users and observers. The proper siting of buildings within a good overall campus site plan facilitates and encourages use by students, staff and community; it enhances the appearance of buildings; it is less subject to vandalism; and it can facilitate energy conservation. Thoughtful and imaginative site development is a way of demonstrating respect for the natural environment and its significance in the educational process. Because of the importance of site development, attention should be directed to the following site-related matters: a. Orientation of the Buildings: The location of the facility should be attractive and should allow for the desired development of athletic fields, recreational areas, and learning areas. Orientation of the buildings shall take advantage of natural light and minimize distracting early morning and afternoon sun. Proper orientation is essential for both comfort and energy conservation_ Windows and doors shall be protected with adequate eave overhangs. Buildings should be sited to take advantage of the prevailing trade winds. Window design should avoid protrusions into the pedestrian paths. The site layout should avoid hazardous entrances on main thoroughfares. Approaches to sites should not require students on foot to cross main traffic arteries or bus and car loading drop offs. b. Walks: Walkways should be designed to handle the volume and type of pedestrian traffic anticipated. Walkways should provide accessible, direct, and convenient access to and from each facility at all points of entry and exit. Walks should be free of obstacles and support naturaYcommon paths of travel. c. Parking: Adequate parking should be well designed for safe entrance and exit of traffic at peak hours. Appropriate entrances, landscaping and grading shall be provided at all parking areas. Circulation patterns should be analyzed to insure that arrival and departure of students, staff, visitors and service vehicles are separated from bus arrival and departure areas and pedestrian walkways. d. Bicycles: Safe travel and parking for bicyclists should be provided. A recommended minimum number of bike racks to provide shall be based upon accommodation of 6 percent of the design enrollment. However, the actual number needs to be verified during design. Bike racks should be located in visibly securable areas near site entrances to keep bicycle traffic away from pedestrians. Exact locations to be determined during design. e. Lighting: Lighting of the site should be provided to promote safety and enhance the appearance and security of the buildings. Parking areas, pedestrian walkways, entrances and steps should be clearly illuminated. f. Flagpole: Every school site shall have a flagpole to prominently display both the U.S, flag and the State of Hawaii flag. The flagpole should be a minimum of 35 feet high, with a tilting or pivoting base to allow for easy service. The flagpole must meet ADAAG requirements. Actual height of flagpole to be determined during design for proper proportion. Planning Guidelines, Site Considerations, Section 201-2 and Site Concepts for High Schools EDSPECS for High Schools Chapter 2SW2MRin _000138 3441 g. Grading: Creative, functional grading of the site can improve the appearance of the buildings and provide screening from noise, wind and other climatic conditions. Use of earth berms, hula mounds, and other earth forms can create areas for performance, gathering or recreational opportunities. Grading design shall include accommodation for safe and proper retention/detention measures per all code requirements. h. Vegetation and Landscaping: Landscaping should discourage land erosion, mark boundaries, provide shade and shelter, channel pedestrian traffic, and provide visual and aural screening. Landscaping and vegetation that are clearly marked with signage can establish a learning opportunity for students. i. Outdoor Learning Spaces: Soil, water, air, rocks, insects, and plant life on the site can be studied, measured, sampled and experimented with. These features help students learn about the natural environment and its interrelationship with human beings. j. Gathering Places: Areas where people, students, staff, and community can gather, sit and socialize should be considered in the site development plan. These spaces should be designed as comfortable and attractive areas allowing for extended use of the school site. k. Community Use: The site development plan should explore all opportunities for use by the community. The educational facility and site is a community resource that can operate as such without disrupting the educational program. 201.6 High School Considerations a. Spaces for High School Students: High school design means structuring a school that is sensitive to early adolescent characteristics and needs. Essential elements of a High School are: • Educators knowledgeable about and committed to young adolescents. • A balanced curriculum based on the needs of young adolescents. • A range of organizational arrangements. • Varied instructional strategies. • A full exploratory program. ■ Comprehensive advising and counseling. • Continuous progress for students. • Evaluation procedures compatible with the nature of young adolescents. • Collaborative planning. • Positive school climate. In order to meet these elements,school structures should be designed in order to facilitate the following: ■ Interdisciplinary learning. ■ Flexible scheduling. • Flexible groupings. • Emphasis on balancing the academics with the affective. • Inclusionary or integrated models for special students. • Advisory programs. • Exploratory programs. • Expanded co-curricular programs. • Active parent and community involvement. Planning Guidelines, Site Considerations, Section 201-3 and Site Concepts for High Schools EDSPECS for High Schools Chapter 2MPRARin -000138 3442 Section 203 --The Charette Process Guide This Section provides a general overview of the entire charette process, participants, and goals. 203.1 Introduction The DOE's Charette Process is a series of focused planning and intensive on-site decision- making sessions to design new schools or to design major renovations to existing schools. A team of interested "stakeholders" concentrates their efforts and energies on specific design problems and arrives at solutions during these sessions. The charette process accomplishes four main goals: (1) It provides an opportunity for all those influential to the project to develop a common vested interest in the design and support its vision; (2) The input of all the players is gathered during these sessions so that prudent decisions can be made. This minimizes future redesign which is costly and can delay the process of conventional planning and design projects; (3) The team members work in a complementary fashion to produce a set of documents that address all aspects of design; and (4) A better product is produced more efficiently and more cost effectively because of this collaborative process. 203.2 Background The term "charette' originated in France and comes from the French word for a small-wheeled cart, a "charette". This particular usage of the term is from the Ecole des Beaux-Arts, a famous Parisian architectural school. When an architectural student's work was due, a cart (or "charette") came through the student communities to collect project drawings and take them back to be judged. Students were often unfinished with their drawings, so they got on the cart to finish their designs in a very concentrated effort. They were "on charette." To this day, designers working intensely on a project often say they are on charette." Thus, the Depart- ment of Education has adopted this term for the process of producing quality conceptual designs in a timely manner. 203.3 Purpose The following description of the charette process is to provide designers with a guide to follow and to provide detail and specific procedures and processes to be followed, without being too prescriptive. The good points are highlighted to avoid missteps. Participants should be able to use this information to determine their roles and responsibilities. 203.4 Benefits There are many benefits to this process which are: • Customer satisfaction • Validation of scope • Consensus of design decisions • Functional design product outcome is formulated • Stronger design resulting from consideration of multiple perspectives from the various stakeholders The Charette Process Guide Section 203-1 EDSPECS for High Schools Chapter 2S"aWFEnh2-000138 -- I RUO 100. 003443 203.5 Participants and Responsibilities 203.5.1 The Project Delivery Team The project delivery team shall consist of the architect and his consultants. Consultants shall include the mechanical, electrical, structural, and civil engineers, and landscape architect. Specialty consultants could include the food service consultant, traffic engineer, soils engineer, cost estimator, sustainable schools design consultant, and others. The decisions on what consultants to invite shall be the responsibility of the project delivery team in order to formulate a complete project, 203.5.2 The Facilitator The Facilitator is the impartial third party charged to assist the project delivery team in the charette process. The Facilitator conducts the actual event and monitors the completion of the final documentation after the charette. It is critical that the facilitator understands the design process, the educational process, as well as having group dynamics and leadership skills. Keys to a successful charette depend on the facilitator's ability to remain neutral on issues, ability to solicit input from all parties, and management of the time and resources of the event. Due to the strenuous process that the charette entails, it is important the facilitator has the ability to maintain the stakeholders'interest over extended periods of time. 203.5.3 The Task Force Early in the process, a Task Force should be formed to represent the stakeholders of the project. The Task Force members may include students, parents, teachers, school adminis- trators, staff, community and business people others responsible for representing the community's ideas for the school. They would report back to their respective role groups on the progress of the plans. It is important that as many people as possible are aware of the decisions made and the progress of the developing plans. 203.5.4 Steering Committee The Steering Committee consists of a smaller group of people who will represent the role groups of the Task Force and the Facilities Development Branch who will participate in the actual charette process on a full-time basis. This body is responsible for making all the design decisions throughout the charette sessions and will report back to the Task Force and the community at large. 203.5.5 Ad Hoc Educational or Curriculum Committee The Ad Hoc Educational or Curriculum Committee is comprised of teachers, educational officers, and other DOE and non-DOE specialists with content knowledge, commitment to excellence in the classroom, knowledge of innovation and new concepts for learning, and competence in various other areas that effecVbenefit the educational environment. They serve in an advisory capacity, providing input and recommendations to the Task Force and Steering Committee on curriculum issues and spatial functionality during the design charette. The Charette Process Guide Section 203-2 EDSPECS for High Schools Chapter 2sPMaYRin -000138 3444 203.5.6 Student Representatives The ultimate users of any school are the students. Student input on desired learning environments is important. The student representatives shall participate in the charette process on a part time basis to provide input and critique the progress of the plans. 203.5.7 Government Agencies Representatives from other govemment agencies may be invited to participate in the charette process. Selected agencies concerned with the approval process should also be included in the process. These would include but not be limited to both State and City agencies. 203.5.8 Empowerment and Commitment of Time The quality of the final charette product depends on having full participation and commitment of dedicated members. Selected participants need to keep in mind a vision for the whole educational environment and be empowered to make clear decisions for their portion of this process. Likewise, all should understand and agree that the success of the charette depends in a large part on committed participation and a willingness to seek what is best for the total school. It is critical that all be available throughout the entire charette to ensure their involvement in the development of the history of the project and for productive and timely decision making. 203.6 Charette Products The ultimate product coming from a DOE design charette is a conceptual or pre-schematic plan for the school. In effect, this plan becomes the basis for the master plan of the school. The project delivery team shall produce a Final Charette Report. This report would include the following: a. An executive summary b. A description of the entire community design process for the particular project, including a list of participants c. Program planning requirements which would consist of the following: • Background of the project • Proposed budget and square footage parameters • Project site and location maps • Access (vehicular and pedestrian) and parkingfloading • Noise control Security d. A description and summary of each of the charette sessions held. This description should include narratives and pre-schematic drawings. e. Conceptual plans for the following areas: • Architectural site and floor plans • Simple furniture layouts to depict scale and interior concepts where needed. • Civil plans to address grading and drainage, water and wastewater, roadways and site access. • Landscape plan—description of proposed planting and irrigation system • Structural assessment for foundation, floors,wall and column systems • Mechanical plan --description of Fre sprinkler and air conditioning systems when appropriate, and plumbing system The Charette Process Guide Section 203-3 EDSPECS for High Schools Chapter�§PM&%irq-000138 rdyu Mu. 3445 Section 204 — Preparation for the Charette This section explains how to prepare for a charette and the responsibilities and duties of the participants. 204.1 Introduction The key to a successful charette is the amount and focus of the pre-preparation. This process consolidates key decisions into the early stages of the design timeline instead of waiting for them to happen over the normal course of the design. 204.2 Selection of the Facilitator and the Pre-Process A critical element of the charette process is the selection of a qualified educational facilitator. Also critical is the identifying of all the participants, determining the location of the charette, agreeing on the length of commitment and obtaining adequate pre-charette information to allow for careful planning the charette sequences. 204.3 Responsibilities and Duties The following duties, information and responsibilities should be decided upon before the charette proceeds: • DOE's development of an educational program when appropriate. • Consultants' (Delivery Team) review/study of educational program prior to start of charette. • Define the purposes/goals of the charette. • Gather information for the charette. The project manager or architect should gather sufficient information for the design team. These would include but not be limited to any topographic information on the site, utility requirements,zoning and land use data,traffic studies and impacts, climate, geographical information etc. • Understand and have the DOE FADS table available. • Develop a charette timetable. • fisting of the participants and facilitator. • Contact and have available all consultants. 204.4 Empowerment All charette participants need to be empowered to make decisions for their portion of the process. Those attending the charette, which is usually the steering committee, are representing their organizations for the critical decisions pertaining to their school. The final charette product should be considered a quasi-contract and any changes made after the charette can only be made with the expressed approval of this steering committee. END OF SECTION 204 Preparation for the Charette Section 204-1 EDSPECS for High Schools Chapter Agin -000138 "3446 Section 205 - The Process Before and During the Charette This section explains the steps that should be done during the actual charette and the goals that should be reached at the conclusion. 205.1 Prior to the Charette Prior to the charette, there should be community notification of the proposed project, a description of the charette process, and opportunity for input and involvement in the charette process if they choose. This would most likely be in the form of a public meeting. 205.2 Introduction Charettes are led by an experienced educational facilitator. All start with introductions and an understanding of the roles and responsibilities and overview of the project requirements. Open and honest communications is balanced between intensive design solution study and decisive decision making. There are no "stupid" questions. It is crucial that the charette delivery team understands that their primary goal is to collaboratively solve a problem and to reach a conclusive design agreement on the strength of teamwork in a short compressed time. 205.3 Goals and Milestones During the Charette Although the organization and length of the charette is usually set up by the facilitator, it is important that the following milestones are reached and discussed: • Exploration of the learning context, learning strategies, learning expectations, learning process, learning organization and learning environment for the school. • Thorough understanding and development of the site concept. • Thorough understanding and development of the building concepts_ • Development of the conceptual design and master plan. The length of Nme necessary to accomplish the above tasks is determined by the complexity of each project and the experience of the facilitator. 205.4 Charette Products At the conclusion of the charette, a Final Charette Report and presentation documents are produced. These should include but not be limited to the following: • A colored campus architectural site plan. • Floor plans, sections, and exterior elevations_ • Simple furniture layouts to depict scale and interior concepts where needed. • Renderings to capture the vision for the school • Civil plans which would include a grading and drainage plan, water and wastewater plan, and roadways and access to the site. • Landscape plan. • Structural plans showing the building foundations,floor,walls and columns and roof. Mechanical plans that describe any fire sprinkling, air conditioning and plumbing systems. • Electrical plans that describe the electrical system, technology infrastructure, telephone system, cable television system, exterior and interior lighting systems, fire alarm system, and security alarm system provisions. • DOE FADS schedule. • Comparison of the DOE FADS and revised space allocations. • Basis of design for all disciplines • Any other specialty studies,session notes etc. The Process Before and During the Charette Section 205-1 EDSPECS for High Schools Chapter 000138 -3447 205.5 Community Outreach At the conclusion of the charette, the whole team should prepare a presentation to the community. This is intended to show "universal" commitment to the project and to solicit any community comments. A suggested outline for this presentation could include: • A brief project scope, requirements and functional diagrams. • Explanation of the vision statement for the school. • Design concepts—exhibit all the drawings and notes generated during the charette. • Presentation and explanation of the site plan. • Presentation and explanation of each building. Exhibitor may present the floor plan, exterior elevations, and sections of the specific building being discussed. • Summary and explanation of what the future holds. Each person on the steering committee as well as the project delivery team may be tasked to present a specific topic. END OF SECTION 205 The Process Before and During the Charette Section 205-2 SPP No. 12-000138 Page No. 003448 F -� - nom. - r q, Ryli Chapter 9 Safety and Security Design Criteria EDSPECS for High Schools Chapter 9: Safety and Security Des n r ri1?"000138 efdo-"vu3449 Chapter 9 -- Safety and Security Design Criteria Section 901 -- Safety and Security The following are design issues that are considered by the DOE to promote safety and security in schools: a, New schools are being designed through the charette process. This design process allows opportunities for input and involvement by the various role groups. This process fosters ownership among the role groups that leads to a protective and valued appreciation of the school, The community can provide a watchful eye on the school, especially during the non-school hours. b. Schools are increasingly becoming the centers of a community and are being considered for extended hours of use. As this happens, this will minimize the time for negative or abusive actions toward schools. c. Stairwells and entry to multi-level building are gated for security during non-school hours. Similar treatment is now considered for main entrances to libraries and administration buildings that have windows within the doors. d. Security screens are provided for all ground floor facilities. Secure lock, window, and door systems that will deter unwanted/forced entry are considered for facilities when appropriate. Metal doorframes and doors with astragal or protection plates are standard design features for exterior doors. Fiberglass reinforced doors are also considered for the resistance to graffiti. e. Open areas and vistas are maintained so that enforcement officers and public can readily see into campus during after hours. f. Fire lanes and campus roads provide opportunities for enforcement officers to readily patrol the schools after hours. g, Fencing (minimum 6 feet) around the perimeter and secure gates at the entrances/exits are provided to allow the school control/deter traffic (pedestrian and vehicular) onto the campus. h. Minimize the points of entry to school. i. Minimize exterior door hardware to deter vandalism and unauthorized entry to the facilities, Exterior doors used as "exits only" do not have exterior hardware to prevent unwarranted entry. j. Fewer windows are considered for certain facilities to enhance their security. k. Campus lighting - Curfew and night lighting are provided for schools. Provide activation by motion detectors in addition to timers. I. Recessed areas on building facades are minimized to eliminate places to hide. m. For schools with covered walkways, design to minimize entry to second floors must be considered. n. Building courtyards are gated to limit entry during non-school hours. Safety and Security Section 901-1 i w SPP No. 12-000138 Page No. 003450 Layne Novak cnoconnectionsever@gmail.com> Fw: Proposed Connections Charter School Water Requirements Layne Novak Wed, Aug 28, 2013 at 11:47 AM Reply-To: Layne Novak To: "NoConnectionsEver@gmail.com" <NoConnectionsEve r@gmail.com> ----- Forwarded Message ----- From: "Inaba, Kurt" <Klnaba@hawaiidws.org> To: 'Layne Novak' Cc: "Quitoriano, Ryan" <rqu4criano@hawaiidws.org>; "Beck, Lawrence"<LBeck@hawaiidws.org> Sent: Wednesday, August 28, 2013 9:41 AM Subject: HE: Proposed Connections Charter School Water Requirements Dear Layne Novak, We have had some communications with Connections regarding their potable water needs but we have not been informed exactly what they are planning to do. They were working with consultants on their options and we have not heard back from them since. They were debating on whether or not to utilize our Departments system 100% or partially because we obviously cannot support their entire needs with the existing system. I've attached a copy of our last documented communication with them explaining that our system cannot support their needs. We have had verbal communication and some email communications with them since the letter and it was basically on getting their total build out information as well as options that they may be pursuing to provide for their water needs. As for a cost of their improvements, it will really depend on what options they pursue. If they were to improve our water system to meet their needs as stated in the attached letter, the ball park figure would be in the 4 Million Dollar range on the low end. That would include the development of a source, storage reservoir, and transmission lines. The Department is not currently planning to participate in these improvements. If they pursue alternate sources for water, they would be operating a private water system and we really don't know what improvements would be required. They have mentioned the option of pursuing catchment systems and even utilizing recycled water. Basically, until they determine their direction in pursuing their improvements for their water needs, we are uncertain on the requirements regarding the Departments water system. Just to clarify our position, we are not the proper authority if and when they pursue other options such as catchment systems. As a system that will provide water to more than 25 persons, they will be considered a"public water system" and therefore will be regulated by the Department of Health to meet potable water standards. I'm also including information regarding your previous email to our Department below: 1. We were told, by the school,that they would need approximately 40.000 gallons per day. If they exceed that amount, how will their water usage affect the residents in the area? Will there be a drop in pressure? The residents in the area may be affected if there is a large instantaneous demand such as the use of a fire hydrant, which can cause a drop in pressure. Asa developer, they will be required to improve the water system should it be necessary. V � Sk12-000138 34rU Hawaii News and Island Information Big Island Police Arrest Two in Puna Robbery Incident that Happened in July - Seeking Third Suspect Posted on August 21, 2013 by Damon Hawaii Island police have located two 30-year-old Puna men who being sought in connection with a robbery in the Leilani Estates subdivision last month. x)` _f-b5 (htty://damontucker.com/2013/08/_21 J frig-isla tr -polic�rrest- two-in-nUna-robbervzjncident-that-hal2vengd-n-j ,tly,-sggking-third-suspect l mark-nccudey/) Mark McCurley Mark McCurley of Hawaiian Beaches and Kawika Kahee of the Black Sand subdivision were arrested at 11 a.m. Tuesday (August 20) during a warrants sweep in Hawaiian Beaches. SPP No. 12-000138 x ;yµ Page No. 003452 M k two-in-puna-robbery-in ' ent-that-happ -in-July-seeking-third-suspect/kawika-kahee 1) Kawika Kahee At 11:35 a.m. Wednesday (August 21), detectives charged McCurley with second-degree robbery, second-degree theft and kidnapping. His bail set at $85,000. Kahee was charged with second-degree robbery, second-degree theft and third-degree assault. His bail was set at$37,000. Both men are being held at the Hilo police cellblock pending their initial court appearance scheduled for Thursday. The victim, a 56-year-old woman, reported that three individuals who were invited to her home used force against her and removed several items on July 24. The suspects left the home in a white Ford Mustang. The third suspect has not been identified. Police ask anyone with information about the third suspect to contact Detective Derek Morimoto at 961-2380 or dmorimotoEmbawaii.hi.us (mailto:dmorimoto@co.hawaii.hi.us). Persons may also call the Police Department's non-emergency line at 935-3311. About_these_ads_[htto:/l en.wordpress.com/about-these-ads/) • The Business of Social http://hit.ly/12svvFg • http:/IhiUy/l2svvFg Filed under: AnnQuncements, Big Island Hawaii• LegalPahoa• Puna. Security, Wanted Tagged: 1 SPP No. 12-000138 Page No. 003453 Kawika Kahee, Mark McCurley oMajority of Hawaii's Ciass_of_2013 Did Not Meet ACT's College-Readiness Benchmarks Federal Officer Steps on Booby Trap in Marijuana Patch Chasing Suspect in Puna One Response a puna guy, on August 21. 2013 at 11:24-pm said: These thugs should not have received even the possibility of bail since they were BOTH on probation AND they used a firearm. Hale security is being ignore by our'legal system'. What is wrong, Ruderman and Hanohano? FIX IT!! Reply Blog at WordPress.com. The Dies 3 Column Theme. Follow Follow "Hawaii News and Island Information" Powered by WordPress.com SPP No. 12-000138 Page No. 003454 Hawaii News and Island Information Big Island Police Seeking 21 -Year--Old Wanted for Questioning in Recent Burglaries Posted on February 13, 2013 by Damon Big Island police request the public's assistance in locating a 21-year-old Hilo man wanted on outstanding warrants and for questioning in recent burglaries that have occurred in the Kaumana area. ( tto:! i damontucker.com/2013102/13/bi g-island Cpl'ce-seeking 21- vear-old-w nted-far-questioning-in-recent-burzlarics/kyson-kaleiwahea/? Kyson Kaleiwahea Kyson Kaleiwahea is described as being 5-foot-8,150 pounds, with brown eyes and brown hair. He also has tattoos behind his neck, left leg, and lower back. Kakeiwahea is believed to be in the Kaumana or Piihonua areas. Police warn the public of recent burglaries that have occurred in the upper Kaumana and Piihonua areas. Burglaries have been occurring in the late afternoon and evening hours, involving a male suspect on foot who claims to be looking for a lost puppy when he is confronted by residents in the neighborhood. Police ask that anyone with information on Kaleiwahea's whereabouts to call the Police Department's non-emergency Bone at 935-3311. SC 9 SPP No. 12-000138 Page No. 003455 Tipsters who prefer to remain anonymous may 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. Crime Stoppers is a volunteer program run by ordinary citizens who want to keep their community safe. Crime Stoppers doesn't record calls or subscribe to caller 1D. All Crime Stoppers information is kept confidential. • Freestyle Rap Battle http://nib.ly/fONdP • • • http://nib.ly/fONdP Filed under: Announcements.Big Island. Community, Hawaii.HiQ, 1 Tagged: i CrimeStol2pers. Kyson Kaleiwahea - FBI Swarms My hleigbbors House Big island Police Charge 23-Year-Old Kona Man in Connection With 'Terroristic Threatening ThatEut Schools on_I.Qckdown - Blog at WordPress.com.The Digg 3 Column Theme. Follow Follow "Hawaii News and Island Information" Powered by WordPress.com SPP No. 12-000138 Page No. 003456 Hawaii News and Island Information Big Island Police Charge Pahoa Man in Connection with Burglary From Last Year Posted on April 2, 2013 by Damon Hawaii Island police have charged a 20-year-old Pahoa man in connection with a burglary that occurred last year in the Puna District. _(httn_/ldgMontucker.cnrn 2013 04 02 bi Zzisland-police-charge-pahoa- man-in-connection-with-burglary-froom rn-last-year/isaiah-kaonohi-ekou/1 Isaiah Kaonohi Ekau At 5 p.m. Monday (April 1), after conferring with prosecutors, detectives from the Area I Criminal Investigations Section charged Isaiah Kaonohi Ekau with first-degree burglary and second-degree theft. His bail was set at$7,000. He was scheduled to make his initial court appearance Tuesday afternoon (April 2). On September 9,2012, a 61-year-old Pahoa man reported that upon returning home, he discovered his house had been entered and several items had been stolen. MitiflAw Puna Tagged: t Burma Isaiah Ka-o-nohi Ekau SPP No. 12-000138 Pa a No. 003457 « 14th Annual Waimea Healthy-KeikiFest Public Invited To SuggestPryerties For P1�ic Access. Q12en Space and Natural ResourciM Proervalign CUMmission floe at WordPress.com. Follow Follow "Hawaii News and Island Information" Powered by WordPress.com SPP No. 12-000138 Page No. 003458 Hawaii News and Island Information Big Island Police Searching for Man who Assaulted Police Officer and Other Grimes Posted on August 11, 2013 by Damon Police seek the public's assistance in located a Hawaiian Beaches man wanted for offenses that occurred Saturday night, August 10, 2013, in Hawaiian Beaches, Pahoa. man c)-assaulted-12olice!7.officer--and-other-crimes/christol2hcr-gonsaives/) Christopher Gonsalves Christopher Gonsalves, Male 48 years-old, of Hawaiian Beaches, is wanted for domestic abuse, terroristic threatening, and Assaulting a Police Officer. The incident occurred after police received a call and responded to a reported dispute at a Hawaiian Beaches park, After assaulting an officer, Gonsalves fled the area. Gonsalves is described as being 5'8", 190 pounds, with black hair and brown eyes. Gonsalves is considered dangerous, and anyone with information regarding his whereabouts is asked to contact police. G � SPP No. 12-000138 About these ads Page No. 003459 w r b • The Business of Social http:/Ibit.ly/I2svvFg http://bit.ly/]2svvFg Filed under. Announcements.Big island. Hawaii. Legal. Pahoa• Puna Tagged: I Christopher Gonsalves. Hawaiian-Beaches Hawaii, Police Coast Guard Rescues Three More off Oahu After Boat Ca sp izes Father F and in Bushes—Son Arrested on Outstanding Warrants » One Response Father Found in Bushes—Son Arrested on 0111standing Warrants I Hawaii News and Island Information, on,Am ust 11, Zola at 6:4812M said: [...1 Big Island Police Searching for Man Who Assaulted Police Officer and Other Crimes (damontucker.com) [...] ReWy Blog at WprdPress.com.The Uigg_3-Column Theme. Follow Follow "Hawaii News and Island Information" Powered by WordPress.com SPP No. 12-000138 Page No. 003460 Hawaii News and Island Information Big Island Police Charge Hilo Man With Burglary That Was Caught on Tape Posted on July 12,2013 by Damon Hawaii Island police have charged a 30-year-old Hilo man with burglary and other related crimes in connection with a break-in Wednesday (July 10) that was captured on tape in the Katimana area of Hilo. r97 man-with-burgla,,,ry-that-was-caught-on-tape Dustin-21) Justin Fergerstrom A surveillance video caught a suspect breaking into the house on South Wilder Road several times during a four-hour period. Items removed from the home included fishing gear, car parts, power tools and other items valued in excess of$1,700. On Thursday morning(July 11), police arrested Justin Fergerstrom and held him at the Hilo police cellblock while they continued the investigation. Friday afternoon,Fergerstrom was charged with three counts of first-degree burglary and one count of unauthorized entry of a motor vehicle. His bail was set at$85,000. He remains at the cellblock pending his initial court appearance scheduled for Monday (July 15). J SPP No. 12-000138 Page No. 003461 w m abQUL-LbCse-ad5 1) • The Business of Social http:/Ibit.ly/12svvFg • • http:/Ibit.ly/12svvFg Filed under: Announcements.Big Island Hawaii Lgg 1, Sem Tagged: I BuWa Hawaii Hilo, Jusfin E!*]'zerstrom Hawaii County Fire el2artment Collecting Unwanted.Illegal and Damaged Fireworks Farm to Wok Coi2]sQff Next Weekend in Hawi » One Response hazenkomraus. on lu y 15. 2013 at 9:39 am said: So this guy's bail is$85k, the five guys with guns who break into a house and assault the family in HPP, one guy gets charged and it's$21k bail?Doesn't this seem disparate? Reply Blog at WoxdPress.com. The_Digg 3_Column Theme. Fallow Follow "Hawaii News and Island Information" Powered by WordPress.com c _ in F a Nyv, ..� .aw M II A %%jjam� t`Rrj _ c s P '3 coali1 S P PA40 Pa"M Hilo,HI err, ,,,a-9—k FREE PROVEN HOUSE PLANS a,,q 7 4-F alacil 'APM CONVENIENTLY PACKAGED WITH BUILDING SUPPLY QUALITY BUILDING MATERIALS Thursday,Oclober 3,2013 About Contact Sub6crIbe gas Search Home News Sports I Commenlary i Obit iafle6 1 Calendar Galleries Jobs ClasSdieds a-Edition Home News-Local News Is K Kph, M� 12-05 October n,2012—Updated 12:65 am-0clober 23.2012 .g, -h. Connections charter school may be fined By TOM CALLIS Tribune-Herald staff writer The Connections Public Charier School is facing Fines for]Is now proposed campus In Hilo and what Its attorney calls"harassment"and "bullying"tactics by some of its opponents. The state Land and Natural Resources board on Friday will consider the fines,which could total more than$5.W0,for unauthorized land clearing and fencing that occurred Iasi July on stale properly Previous Click to see local deals NONT the school Is leasing near Kaumana Drive to eventually build the proposed AP campus. Gonnectlons Principal John Thatcher said the school hired a contractor to build a fence at the request of some nearby residents concerned over use of the properly to grow marijuana or for hunting. But,according to OLNR,the walk was not authorized and resulted in several ohla trees being cut and possibly harvested. The agency is requesting a$5,000 line plus$540 for administrative costs and the authority to levy additional lines If found necessary.The school would also be required to remove the fence. Thatcher said ha thought a fence could be bulli since the school had a lease for the land and that the additional land clearing was unexpadad. 'We thought that since the check was cashed...we had the lease'and authority,he said. MCS1 viewed 'I Pl)pUlar 11 Topics The new campus would allow Connections to consolidate its two locations —the Kress building, Man hospitalized after'hot pond' which hosts Its K-6 classes in downtown Hilo,and a temporary high school campus in the Nanl contamination Mau Gardens in PanaeWa. Police ID driver,victim In Kesau traffic falai The new school would host all 380 students as well as a gym,horse barn,and programs for Hawaii Volcanoes National Park to close sustainable agriculture and forestry consarvation on the 70.15-acre site,Additionally,dormitories amid shutdown would be built to house Intemation at slude nis participating in I he ag r1cullu re and forestry Men accused In pedestrian's death freed programs. Ho'olaUfe'a In Hilo • r SPP No. 12-000138 Page No. 003464 If approved,construction would begin in 2014,with classes starting as early as 2015.The gig Isle tourism Industry feels sting of campus would be built in phases over 15 to 25 years. government shutdown Attorney Ted Hong,representing the school,said the line wouldn't delay the 530 million project, though the money would Impact the school's operations.He Said Connections would seek reimbursement Ircm the contractor. Want to Teach Special The Windward Planning Commission will consider authorizing a special permit on Nov.9,The Ed? permit would be the project's final regulatory hurdle and allow construction to begin, www.WGu.edul5peraalEd NCATE Accredited Bachelor or Hong said he doesn't think any fines should impact the commisslon's decision. Master In Special Education,Apply Todayl "We were the victims of a crime,"he said."We didn't know what they were doing." Get Your Education Hong also sold Connections has been victimized by the posting of bumper stickers,reading'No Degree Connections in Kaumana,"al the Kress building last Thursday. We Will Code It For He said the school Is considering it a criminal mailer and is offering a$500 reward for any You information leading to the arrest and conviction of the person or people Involved. 'School children should not have to come to school with this kind of harassment slapping them In the face every moming'Hong said,also referring to signs protesting the project that were, Featured Jobs according to him,intenlionally posted along school bus roulas. ellcopters hes an Locks to the gate at the properly also have been glued shut,Thalchersald. BLUE HAWAIIAN HELICOPTERS Signs opposing the project have sprung up in front lawns near the site over the Iasi raw months. Hlio,ur Full-lime position Two nearby residents,both speaking on the condition of anonymity,fold the Trlbune•Herald on ! available for Monday that they are concerned about traffic Impacts. = � Company Confidential The school would be accessed by Edlta Sireat,a partially developed residential area. IS :x Hho,Hawalf PHARMACIST Part- "1'm not opposed to the school in principal,"said one man,adding he's"on the fence"about the f�a time Hamakua Project."I am opposed to the level of planning and infrastructure development required for the Family school." Hamakua Family Pharmacy Another man,who had a yard sign protesting the project,said,"I believe a lot or people who Hilo,NI moved up here_,.want 4 secluded and quiet.It will change everything," ,EST OF ]r.Project Engineer EASTIsernato Thatcher said traffic wouldn't be slgnlficani with one or two buses,on top of other trafficISEMOTO HAWAII generated by parents and staff,going to the school in the morning and evening. CONTRACTING t 1 3 !'lila,NI A fuming lane at the intersection of Edila Street and Kaumana Drive would be built,he said. MEd For Academic i @► Manager of Email Tom Callis at tcallis@hawaiilribuno-heraid.com. ' Acupuncture College In Hilo Hawai'i College of Oriental Medicine F RULES FOR POSTING COMMENTS �= Nilo,Hawall CemmerR4 posted bero.r aro rramreodera.In no way d0 they r"aear the VIOLA ol5iaphens Media LLC w Ilea nowspaper.TIVS 19 0 pubic forum. COmm"IS may be monlored lo,Inappraprnalo mmOW W1 rho ne+W"r Is under no dblr7etlon to dv w.C ft"Onl Pers ora solely responsible unser Ino Cornmunocabom Decency Aa Icr comments posted an thla Web 911a.Slcpha ns Meda LLC Is not kable for messagos Iron 011 pones IP and em MOM 5588 al pnrsdna Who pool SM no baeleci ea mribdenilal records and vett be ch"sod In responw la vaEld legal procasa Do not post Polentl911y Ybobus*Wemenls or damaging lnnvendc • of 5mne,eyplrJl,at rami Iarvoogn • Cop yoghned malertals oI any sort Mlnout Ina a.press permrearorl dr lhu ccpyVt hotder Personal allackS,moults er Rneots • Tha use of&wMr parson's real name to d5gulse your IderNly • Cornmmns unelaled to to story If you heseve that 2 noremeluar has not 101f0 rod View gudellnee.psea:a dkk Ore FLAG Icon edtrw the commont SPP No. 12-000138 Page No. 003465 Comments for this thread are now closed- x wee, 'I�iFxtn+ l`l�fd AROUND THE WEB ALSO ON HAWAII TRIBUNE HERALD MiAr5 THIS? Citizens Over 50 May Qualify to Get Hawaii Volcanoes National Park to Y'' $20,500 this Year 6loncynews close arrild shutdown 11 comment% T ' The Unbelievable Thing Flrefox Is Students fight meth 2 comments Doing Now OPEN forum Flirting Guide for Women:Because Shutdown has far-reaching effect Men Miss So Many Signals Ure.crlpl on Hawaii Island 1 comment Obamacare is a Billionaires Dream Car kills man who was lying on RG AN 1 Z E D 17 [ Money Morning road t comment Grstom Designod SrarVe SWurlons 5 comments n o Nawast I Community Share [�! Avatar Shrewd Failalar - tt months opo I do riot trust them. et.0011 i wart, BOBor OAILIog r OFPlci 1 v Share, Avatar! punatle - a year ago j Typical state......we don't want any competition nor negative reference to the lousy DOEI...-.so let's fine these financlatly-scrapped schools where there is less dollar per pupil expended)Complain of slow'progress'for a new Puna highway,the slate decides to'possibly nne'HPP for unpaved roads(when it's none of Their business anyway)....since It was the county allowed the Watamuil's to'create'substandard expansive subdivisions when the Watamull's knew full well they couldn't bring them up to standards(oddly enough)the state at one time over-assessed the values of these properties and collected taxes on them-.._'typical state'-.,...where's the'lawn-gnome'look-alike govenor?....stop these fines,and let schools and communities grow without your stupid Interfererlcefflll 5 ^ 13 Shore A tar! alaka-skarn • a year ago Good one hapahaolel That's right,and I love how you stated"their way of - life',No ane was opposed to Kamehameha campus being built.People around here only want to cause trouble and make WAR,not UNITYI If only they would help with the progress,go out There and put their hands in the dirt,clear the land so as to not harm the native plants.Nope,complaining is always easierl And for all of you out there reading this thinks that only Haoles are In favor of Connections campus,think again.Go and do some research before posting signs and making stickers.What a waste of money. But then again,it Is being produced by people who do exactly that,WASTE. Time,money,and LIF51 DLNR,what are you guys doing In that office?? ;i Share Avatar I hapahaole951 • a year ago God forbid If there Is progress 1n Fillo.This Is for the keikl future.This Is bringing the keikl back to living off the natural resources of the Alna,The people who are opposed to this do not want any kind of forward progress to Impede"their way of Ilfe'-The school may not be your choice but it's better than an Ice House right next door.Believe me...they get plenty traffic too, 10 i Share Shrewd Fallstar-+hapahaole951 - 11 months ago SPP No. 12-000138 i nls Is for me KetKI enure Page No. 003466 This may be more about profits. Share Q 5ubs=be Adel Visq:ts to your site Connect Opinion Services Solutions Social o About us a Our view a Subscribe o Advertise wilh us a Facebook o Coll o Your view a Manage subscription a glace a ciasslBed ad a RSS o Feedback o Their Views a NIE Appl.cat:on a iw+'gnl Center o FAQs a Submit a letter a Vacation Hold a Subin9l story Capyiigbi,,Stephens Welia lt.0 7013 All rrgM,resel Pr=oncY 1=e1icy 1 4•I 1� "moi�,Ni, � •.,,N,��, �6nivv,Fal v�vv�Uu"N,I- 1W"14a iwaww , TribunetHerald SS40K, Local News Charter school project advances Opponents have 30 clays to challenge environmental assessment by Jason Armstrong Trfbune-Herald Staff Writer Published Tuesday.November 9,2016 9,04 AM HST After a yearlong delay for redesign,Connections Public Charier School is moving forward with its master plan for a$20 million,90,000-square-fool campus on state land in upper Hilo. "This is really going to be an example of how a school can be built'green;"said Connections Principal and CEO John Thatcher. The state Department of Land and Natural Resources has found the proposed project will have no significant environmental effects,according to its review of a final environmental assessment published Monday in the state's monthly Office of Environmental Quality Control Newsletter. That publication started the 30-day period to make a legal challenge to the EA's findings. Next up will be convincing the state Board of Land and Natural Resources to approve a 65-year lease for the land.The 72.4 acres comprises two parcels split by Edita Street off of Kaumana Drive. "If there ere no new comments,staff will then request the land board to issue Connections Charier School a new lease,"Deborah Ward, DLNR spokeswoman, said in an e-mail."At this point it's too early to say when the request will come before the land board." Thatcher said he's hoping that occurs next month. A draft EA completed last yeer triggered concerns about potential impacts to Kaumana Cave,which runs under the property. To avoid Impacting the cave system,the project was reconfigured to locate the campus buildings on the parcel below Edila Street,Thatcher said, noting that process took a year to complete. Opened in August 2000, Connections now leaches 250 students in kindergarten through eighth grade at downtown Hilo's Kress Building,which is owned by the school's affiliated nonprofit-organization,he said. Another 120 high school students attend a temporary campus Connections leases in the Nani Mau Gardens in Panaewa. "We're going to seve a substantial amount of money when we start moving up there,"Thatcher said of the new campus. Thatcher offered his appreciation to gardens owner Ken Fujlyama for the modest rent of less than 50 cents a square fool. Besides saving money,the new campus will allow for the elementary,middle and high schools to be combined on one campus. Also planned are a cafeteria,gymnasium,a preschool facility,and a 30-bed dormitory for intemafional students. Thatcher said there's demand to house visiting students from Korea,Japan, India and the mainland. "A lot of people want to come to the Big Island because of the opportunity for learning here,"he said of the island's unique natural environment. Estimating it will take between rive and 20 years to complete all the construction,Thatcher said the project will seek to obtain a gold Leadership in Energy and Environmental Design or LE ED rating by using solar panels,its own sawage-disposal system that won't add to Hawaii County's system,water catchment for agricultural irrigation,and on-site trees for construction materials. "From an overall design concept,the proposed campus is intended to be a school within a forest,"according to the EA. Hand-clearing of trees and other vegetation will be done to lessen the environmental impact,Thatcher said. http://www.hawalitribune-herald.com/articles/20117/11/0911oca1_news/localOZ.prt[11/12/2010 10:20:07 AM] ,1. .",,,,,, . ",.. — F.vj,.,.,V­­.,.. SPP No. 12-000138 "We're not going to just come in and bulldoze everything,"he said. Page No. 003468 Once slated for development, the upper property instead will be used for forestry and conservation,Thatcher said. "I'd say we're probably looking at$20 million over the life of it,at least,"he said of the estimated development cost. "So,we will be actively fundraising,probably starting next week,"Thatcher said Monday. Besides private donations.Connections may be eligible for federal money,he said. "We don't expect the state to fund the whole project,"he added, E-mail Jason Armstrong at jarmstron❑(�hawaiitrihunP_haratrf cnm, Copyright O 2D10-HawaR Tribune-Herald 1xj Close Window http-//www.hawalitribune-herald.com/artides/2010/11/09/local_news/locaID2,prt[11/12/2010 10;20;07 AM] SPP No. 12-000138 .. Page N4,PR3469 7.7 as r .._ 3 3 Thursday,October 3.2015 About Contact Subscribe r lb • 1 �S sob sear�t= I Horne News i SportsCommentary Obituaries Calendar i Galleries Jobs Classilieds e-Edition House-News.t.ocal New-, 2 ❑ ? E 12!058M-May CO 29.312—Up:t_aiFj 12-.05 am-Ntay C1a.2012 !- „ � Y, u; SPACE to plead its case today � 4 IVB � tl ill I By PETER SUR r -i Tribune-Herald staff writer A popular performing arts center in Kalapana Seaview Estates is facing a possible shutdown fol; today by the Windward Planning Commission, Planning Director Bobbi Jean Lelthead Todd recommends that the commission revoke the 2U01 permit for the Hawaii Volcano Grcus.The permit allowed the establishment of a pefforming arts educational center on 2.5 acres of land within a larger 10-acre site within a State Land Use " Agricultural District. Since then,under the direction of Graham Ellis,the center has grown to include the Seaview Performing Arts Center for Education,or SPACE,and an"eco village'called Bellyacres.Kula Kalapana,a satellite program of the Hawaii Academy of Arts and Science public charter school, is also based at the center_ Previous Click to see total deals Next Neighbors of the property have complained to the Planning Department about public performances,unpermitted structures,a weekly farmer's market,a weekly bazaar,loud parties and even weddings.The permit allows none of these things. In March 2010, Leithead Todd sent Ellis a cease-and-desist letter for unpermitted activities,but LeRhead Todd allowed the Saturday farmer's market and Wednesday bazaar to continue temporarily while Ellis prepared an amendment to the special permit The amendment was never approved. The event that prompted today's possible permit revocation came in late February. According to the Planning Department,several complaints were received in February 2012 about a 25th anniversary party for Beilyacres.Leithead Todd sent a letter to Ellis,informing him that the Feb.2425 event was'way beyond what I allowed"and that'you should not hold this two- day event or you will be in Jeopardy of receiving a violation notice and/or in jeopardy of your permit" She added:"I have been more than patient allowing certain unpermitted uses to continue. I Most viewed Popular Topics cannot continue to allow these unpermltted uses without an amendment approval from the Planning Commission." Man hospitalized after`hot pond' contamination Ellis heid the party,and Leithead Todd responded March 16 wish an order to appear belore the police tD driver,victim In Keaau traffic total Windward Planning Commission. Hawaii Volcanoes National Park to clove Ellis responded wrth a public statement In which he said,'the(SPACE)Board(ol Directors) amid shutdown decided not to evict 36 school kids and their team of dedicated teachers,to keep the farmers Men accused In peddtrian'a death freed market open to ensure that our community did not suffer from the loss of essential economic and Ho'olaule'a in Hilo F acr rcu rn,yv i runiucie yr�rru,aon arna aua1ua rr.eunc. r u„n,v, vrcr cu�ona. government snuwRwP N0. 12-000138 s n Wage No. 003470 The Planning Department characterized this statement,part of a longer open letter posted online.as"the applicant's continued defiance to comply wish the conditions"of the permit. Zipline Adventures & More 'A review of the record will clearly show that the Planning Department has spent a considerable www.PaaniRanch com amount of lime and effort In dealing with the noncompliance of this applicant,'the department Kids 40-50lbs Go Free W/Parents Come Said in its recommendation to the Planning Commission."It Is also clear by the record that there Experience Our Aloha As Family has been no regard by the applicant to resolve these matters with the Planning Department as well as with the surrounding community.II is difficult to believe that the applicant can be trusted to comply with the conditions(of the permit)given the past examples of noncompliance." 4BR Rent To awn Home $379 Ellis told the Tribune-Herald that SPACE is an example of people•drtven growth,rather than permit-driven growth.He said the special permit process was not envisioned as the appropriate Keith A Winnie Architects way to deal with the growth of SPACE "We're hoping that tomorrow the commission will see that and will understand our situation,"Ellis Online Masters In Nursing said At the same time,he acknowledged that the Planning Commission didn't have the authority to change land use laws.Ellis said Council Chairman Dominic Yagong would be among those lestitying In favor of SPACE,and he expected more than 200 other people to be present at the meeting. Featured ]obs "He(Yagong)said he wants this to be replicated around the island,`Ellis said 110, HI Many or the complainls came from one next-door neighbor who has since sold the house In ApnlVolcano School of 2010 and moved out of state '. Arts&Sciences VOLCANO SCHOOL Ellis acknowledges that at times SPACE has held public performances in violation of the permit, OF ARTS&SCIEN and that he would apologize to the commission for it.But he says the center has been in stria REAL � Hilo,HI compliance since the 2010 cease-and-desist letter. E TATE Blue Hawaiian Helicopters has an We had always done performances here;E]GS said,but he never considered hem public,in ;' � , `. BLUE HAWAIIAN that lheylre never been advertised t0 the public. �. HELICOPTERS Hilo,Hr 'The planning director has defined the words'public performance'very generally,"Ellis said. Full-time position "She is making no exceptions A guitarist or an ukulele player at a farmer's market is a public available for performance in her opinion" Company BEST Confidential Supporters of SPACE have submitted more than 250 letters or support to the commission and a Hilo,Hawaii petition with 977 signatures,Ellis said.The Tribune-Herald could not confirm those numbers,but EAST there is a stack of letters in the Planning Department several inches thick,all in support ofPHARMACIST Part- SPACE,along with a few letters opposing the center. HAWAII time Ifatnakua Family Hamakun Family Ellis is crossing his'fingers and toes"that the commission will keep SPACE alive,because he Pharmacy doesn't have a backup pian in the event the permit is revoked. 7ritsuni it ter- t Hilo,HI 01 'We're optimistic about the Planning Commission realizing that we're doing good,'he said,citing " s" t t f Jr.Project Engineer support from the governor and Hawaii's two U.S.senators. _ _-- Isematn y t I5EMOTO CONTRACTING Cr,as Ellis wrote on Aprii 18 to Windward Planning Commission Chairman tendo Kem. `' " Hila,HI "It is common knowledge that many community groups serve their communtties but act outside MEd For Academic of county or state ordinances.Most of them Intentionally keep a very low profile and have their Manager of energy and success stifled by the fear of official retribution." Today's commission meeting is scheduled to begin 9 a.m.at the Aupuni Center Conlerence Room, 101 Pauahi St.,in Hilo,and the SPACE permit will be discussed beginning at 10 a.m. Email Peter Sur at psurGhawaiitnbune-herald com, A-SG C:'v HAWAII TR IAuNE HERALO wH-r"-.l li:, Citizens Over 50 May Qualify to Get Council backs hacking bill $20,500 this Year -r -.: SPP No. 12-000138 f,)un vvorKing & uommiueu Page N 471 acudV sp.com BP is Still Committed to Restoring the Gulf.Follow the Progress. Thursday,Oclober 1,2013 About Contad Subscribe 1106 Seazch (07 Home News Jobs e-Edifion Spuds comnv.nTary Obituaries Calendar i Galleries clar'sitleds hornpe-News Local News a uEarn your stripQs. 12:05 am-[Aay,34 2012 -UP/Jntav- 12:05 am-May 04 2012 SPACE has time to shape up �I -� -lot By PETER SUR -4! Tribune-Herald staff writer The windward Planning Commission is giving a community center in Katapana Seaview Estates SIA111101rd University. OWine. another chance to obey the law. Al a packed meeting Thursday in Hilo,the commission could have revoked the special use permit issued in 2001 to the Hawaii Volcano Circus,the parent organization of The Seaview Performing Arts Center for Education instead,the commission voted to defer a final decision until December, That will allow time for HVC to submit an amendment for the permit to broaden the scope of things HVC is allowed to do. HVC,along with its related programs— SPACE,the farmer's market,the satellite charter school Prnvloa-. CRA lo.,;ee local deals Next and the HICCUP Children's Circus—was facing a shutdown for violations of the permit following numerous complaints by a handful of neighbors about noise and parking issues. The county Planning Department had Sent HVC a cease-and-desist order in March 2010,but Planning Director Bobby Jean beithead Todd allowed the farmer's market and bazaar to continue temporarily while members of the nonprofit organization prepared an amendment to the 2001 Permit. The amended permit was submitted to the county in July 2010, but was withdrawn so that HVC could propose a lease of adjacent state land from the Board of Land and Natural Resources, This required an environmental assessment,which has prevented HVC from submitting the amended permit to I h e county for approval, In The meantime,neighbors frustrated with the organization's apparent disrespect for land use laws continued to file complal nts with the Planning Department A 25th anniversary celebration for the Sellyacres Land Trust,another organization under HVC. last Febmary was the final straw Leithead Todd had warned Graham Ellis,HVC board chair, not to have the parry,because it was not an approved use for the land.Ellis,acting on advice from Most Viewed Popular Topics his attorney,Ted Hong,that the party was allowed,held it as planned.A frustrated Leithead Todd moved to revoke the permit. Man hospitalized after'hot pond' contamination Thursday,the Hilo conference room was packed with supporters of SPACE.More than a Police ID driver,victim in Kaaa u tratfil i:total hundred squeezed through the door and found room to sit or stand along the walls. Hawall Volcanoes National Park to close Planning Commission Chairman Zendo Kern disclosed that he was a friend of Ellis,that Ellis had amid shutdown donated to Kom's County Council campaign and that Kem had attended the Feb 24-25 Main accused in pedeatirlan's death freed celebration Ho'olaule'a in Hilo SPP No. 12-000138 auu aaiu����ic�ux,uii,x�.uvu. iee rv�c government Gnu! Lige No. 0 347 The hearing began with a presentation by county staff planner Jeff Darrow,who recounted a years-long pattern of public(by the county's delinition)performances in which tickets were said. He documented the construction of several unpermined structures and other unpermitted events, all in violation of a March 2010 cease-and-desist order. But Hong,the altomey,characterized the affair as a"misunderstanding." "We we here this morning because of a misunderstanding,and I apologize that this misunderstanding has gotten to this point;he said.He asked whether a landowner— �n this case the Village Green Society,which established Bellyacres —had the right to hold a private party, Hong called the Planning Department's proposed revocation"too harsh a remedy and unnecessary"given Hawaii Volcano Circus'etforrs to file an amended special permit application. "HVC provides important services to the surrounding community,"Hong wrote in his response to the commission. "in addition to being a charter school and a performing ares center,its farmer's market has provided farmers,as well as residents,ready access to locally grown produce without having to travel long distances' Featured ]obs Deputy Corporation Counsel Amy Self explained the county's position. g. , k "We're not here just about the applicant,"she said."This is about the nghts of surrounding Construction neighbors... You can't forget about the rights of the neighbors.' superintendent Heartwood Pacific "The PlanningDepartment is char with enforcing the conditions of the special EEC p charged g pe permit.Quite '' H11o,NI honestly,they've run out of ways to do this,"Self said."The legal fees that(HVC)spent for today REAL could have been avoided by simply complying with the permit." � �A�� Volcano School of Arts at Sciences The permit prohibits any public performances, but Ellis and Leilhead Todd disagree as to what VOLCANO SCHOOL that means Ellis said any performance that is not advertised to the general public is private, of ARTS&5CIEN Todd said any performance that involves more than the students and faculty of a program or 4 x Hilo, NI school Is a public performance. Blue Hawaiian Helicopters has an "We seem to be having arguments over what the definition of a public performance is;Leithead BLUE HAWAIIAN Todd said.She suggested the department would be open to Ellis and HVC getting'a reasonable BEST OF HELICOPTERS amendment together"that would spell out the number of performances,the number of H11o, HI performers and the operating hours,with input from neighbors and a solution to the parking EAST problem, HAWAII Full-urge position available for Company The commissioners took the opportunity to praise Ellis for what he's doing and to staid him for Confidential flouting land-use laws. Hilo,Hawaii i'iiiitr`}Fk� "For 12 years,you were in violabon,"said Commissioner Dean Au. PHARMACIST Parl- 1 time Hamakua Family 'I'm inclined to stop this thing,"said Commissioner Wallace fshibashi. r .- Hamakua Family Pharmacy Another commissioner,Raylene Moses,called attention to Ellis'°blatant disregard"of the permit Hilo,HI restrictions. Jr.Project Engineer Isemolo "We have the authority to ensure that it(the permit)had been followed,"she said,•If we're -. -•�—� allowing you to do it,then it sets a precedent-" Hong,in his response,said no police complaints were received.He described the problem as the-tyranny of the minority,"and asked for a chance to fix the situation. Public testimony began following a lunch break at 1,20 p.m.and ran for more than an hour. Fifty- two people signed up to testify,but only about 30 of them were present to speak. R.J. Hampton,a neighbor of the center,provided some fireworks- "I'm the tyranny of the minority that everyone's talking about,because I've made a complaint,' she sald "When l lock at Graham Ellis,i don't see SPACE."She said she sees a Corporation of Europeans and Americans coming in'to make their fortune Isn't It nice,` "I expect INS commission to revoke the permit and make them reapply,"she said. SPP No. 12-000138 �t-i;ftx,""i �llcrati age No. 003473 "T{tire's no corporation involved here,"said Aileen Wilkie."We're a land trust Nobody's making money here.' ;.1. The youngest testifier,Bailey Givens,a member of the circus,gave a passionate speech that i moved at least one commissioner to change his vote. '1 was all ready to shut this place down,'Ishibashi said,crediting Givens for the change of heart. Ishibashi said later that,`You guys have a very,very special program going on."But the board members vowed that the Dec.6 meeting would be HVC's last chance. just want to say haw great it is the Planning Commissioners are responsive to community Cheapest maui needs;Ellis said after the vote,"and I want to thank them for that." flights Email Peter Surat psur hawaiilribune-herald.com. Travelzoo.com/Hotels Find Discounts on Hotels Today. Compare Rates at up to 70% Off! F t}q;ri7ljrt'J=5 AL::JONHAWAII TRIBUNEHERALD .:ir,T,f, Citizens Over 50 May Clualify to Get Council backs fracking bill 520,500 this Year Flow Much Should You Have In Man accused in pedestrian's death Your 401(k)To Retire? freed Obamacare.is a Billionaires Dream Your Views for October 3 The Unbelievable Thing Firefox Is Hawaii health exchange opens Doing Now :. r i without plan specs 2 Comments o Newest - Community stare L > � AvaLr Naluahine • . , When someone says there's no conflict of interest,you can rest assured there is a conflict of interest. When someone says nobody is making money,you can rest assured that someone is making money. When HJ says people are coming to Puna to make their fortune,you can rest assured they are only joining all the others who came to Puna to grow dope,shape surfboards,sell groceries,dig geothermal wells,trample on Tutu f ele's back with their tours,hack down native trees to build houses and do whatever else Americans do to make their fortunes,legal or otherwise. R.J.,don't hate me because I'm rich. _huc Avatar BuddahBelly - Glrlfriend HJ,you as an artist should be more supportive of the Arts and Freedom in Puna. I cannot see where those folks are getting rich at all,and they do plenty of good In the community. I do see that there should be better parking and also some kind of time limit on noise at night, t,h,]:r SPP No. 12-000138 WCP Inc. P No. 00 474 n+wxw..vrKwr..+S.. fan = gel . Fkre' }s ," ✓c :. iLb PLANNING SERVICES ENVIRDN14ENTAL REVIEW Since 1976, WCP has been a leading provider of profesEkxW planning WCP has "preparled numerousenvironmental revie* documents In snvices in FEawail and the Pacific Sasirh, end more recently tlht*4hout compare with the National bwircrunenml.Policy.Ad-(NEPA3 and the Asia.Our planning experiences capitatite an a broad range of+apablltles Hawaii Fiwimnmenxtal Pocky Ad(NEPA}.WcPs environmentai esgmsme u from site selection and evahaation to the preproration of urban design pkm, (EA) and enwowerA21 impact swwneht CEIS) preparation estperience Infrastructure development plans, master pians,and comprehensive plans dates bark to 1979 and stretches Baur geographic prcdedexperience from for any`d*tg from golf co;uraws to schools W resorts and more. eadr.of the main i-lawallan islands througthout the PacZc Basin and Asia. WCP planners are highly S41ed and. 4ua4f*d. Egiilppw +lith the:rare Cour EWLS documents have ihvolved numerous projed.types tnduding: balance of professionMsm, know-how, ability, and training; our planners mads, dredq ng activities, chtmic33 munklons, geotechnical drilling. do the job right, explosive ordnanee.mnavai, housing and operational fwdilkjes, residentlal and c=nmunity facia us,golf courses and resorts,and habitat rlstorgion. ENVIRONMENTAL CONSULTING PUBLIC INVOLVEMENT WCP is a.leader In the environmental consuiting field wid has been An Important;feature of most pianninq and erndromrnental work is public performing envi onumeotai Investigation services since 1979. We have a Involvement.From providing the "ic with informiWot abQAA upooming de&mted and sirlW staff. that _provides excellent analytical projects in their,cornrnuaity to soliciting public comments on erwrronmenta; documentation,site a nessrnmts,Systematic sanhpitog,and a host of'OdW rernedatien enbrts, WCP has pr*vWad our cMats with complete public environmental remediation skiwces authorized and In aamp"nev with U.S. ErhmAvemant services. WCP planners and environmental consultants EPA environmental regulations,such as CERCLA and DERP-FUDS. understand and &pvwate the value of public opinlon -- as active, informed, and passionate community members ourselves,we ensure that W"In the Heid of environmental consultaion,WCP has served federal and the community and stakeholders who need to be informed on specirrc state CIL*MSr as wen as prtvaw parties mmmned with attalhing the projects are reached. necessary environrrnntat standards and regWations fur their various developments and projects. GSA ADVANTAGE SERVICES SUPPLEMENTARY SERVICES GSA Advantage is a governnmit purcthwng service of the Genesi WCP can provide frr g wavy needed sum servkns that factor into Services Adrninistradon (GSA]. Online access to contract ordering ttw--ucr nstul completion of our planning and eavlronmentai consulting information, terms and aonditlanis, up to date pridng, and the option to pmje=. The flendbay bunt into our methods and procedures aiioivs us to mate an electronic delivery order are avaP.abte through GSA Advantage. adapt to thangk►g sceharlos. WCP provides GSA Advantage services through our Environmental Services WCP offers geographic:inkxr4ation systems (GIS) and .global positioning MtuEtiple Award Schedule system (GPS) mapping suoPort..graphics and video production services, assistance with perrftt applications,ame"odw services,as supplenrertat support services depending on our c won!'needs. In addition to our In-house staff, VICP raffles on the skies and abAnies of team partners and oteter conwitants and sub-contractors to help manage intrlwde k*g stics, community contact points,equipment suppliers, and to assist in prvcuring a tabor tome in remote areas, SPP No. 12-000138 Page No. 003475 SPP No. 12-000138 CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL AND COMMUNITY BASED EDUCATION SUPPORT SERVICES E-MAIL COMMUNICATIONS ,.. SPP No. 12-000138 Page No. 003476 From; Qoan Acat To: candraconofthawa liantel.rtat cc: FuilMota._Phvllls;DaUM Taff; Nomura Sharon;Hata-Finfey Sarah Subject: Cnnnecdons Contested Case hearing Date: Tuesday,Auly 16,2D13 12;19:34 PM Sandy, Please see email below from Sidney Fuke, who is assisting Intervenor Jeff Games,and who wishes to be copied on communications issued by you as part of the proceedings. I checked with Sidney and he is not asking for copies of all exhibits, etc. He just wants to be copied on all letters,orders, etc, issued by you during the proceedings to make sure that he is aware of things I+ke scheduling and deadlines, specific orders.etc. Thanks and let me know if this will be a problem. BTW, we should have a copy of the record to your office by the middle of next week. sorry for the delay. Daryn Daryn S. Arai County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite No, 3 Hilo, Hawaii 96720 Phone: (808) 961-8142 Fax: (808) 961-8742 enza;i: "Hawai'i County is an equal opportunity provider and employer" From: Daryn Arai �.�man Ito:darai(aco.hawaii.hi.use__.._.._...._�...._. ..._.._...._.__ .....__.W . .._.__... ......... .. .w�._...._ ..._. ... .W. ..._. Sent: Tuesday,July 16, 2013 10:06 AM To: 'Sid Fuke' Cc: 'jell gomes' Subject: RE: Connections Contested Case hearing Mr. Fake. I will forward your request to the hearing officer, Sandra Pechter Song, for her consideration. At this point on forward, Mrs.Song will be handling the contested case proceedings_ However,whatever communication comes out on our end,we will make sure to copy you. Thank you. Daryn Daryn S. Arai County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (BDS) 961-8142 Fax: (808)961-8742 SPP No. 12-000138 Page No. 003477 emaii: ra 'Hawai'i County is an equal opportunity provider and employer" _......, _.,_.._...._.._ ._ ., . ... ........ . __ From: Sid Fuke [ ] Sent: Tuesday,July 16, 2013 8:26 AM To: 'Daryn Aral' Cc: 'jeff games' Subject: Connections Contested Case hearing Good morning Daryn; Regarding the above, although Jeff is the official "party',since 1 am serving as his"advisor", is it possible to have me put on the CC list for all correspondences on this matter?If can, I would really appreciate it, particularly in light of Jeff's schedule the corning months. Thanks! Sid .. SPP No. 12-000138 Page No. 003478 From; Aral. ❑arJn Ta: Moniea,T,Morrlgahawaii.oav;Ted bona;teffgames;521,R.mv Ce; •Kanuha. Duarte;Camrnarrd.Bobby_rev. Bache3le;MaIIJ12ayaTldalparet;Bali. Cathy Subject: Contested Case Pre-Hearing conference re:Connections New Century Public Charter 5rhool/CBFSS Special Permit Appl No. 12-000138 Otter Wednesday,July 24,2013 3:49:52 PM Good afternoon, everyone. Presiding Officer Sandra Song is requesting your availability for a pre-hearing conference to be held at the Planning Department sometime next week. As provided for by Section 4-7 of the Planning Commission Rules of Practice and Procedure, this conference with all parties is for the purpose of formulating or simplifying the issues, arranging for the exchange of proposed exhibits or proposed written testimony, setting of schedules, exchanging names of witnesses, limiting the number of witnesses and any other matter that may expedite the orderly conduct and disposition of this contested case proceeding. Her preference for this pre-hearing conference would be: Wednesday,July 31, 2013 at 1:30pm An alternative date could be: Tuesday,July 20,2013 at 930am Please let me know of your ability on any of these two dates, with the preference being Wednesday, July 31 at 1:30pm. We do have teleconferencing abilities, so please let me know if you wish to participate by phone. Thank you. Daryn Daryn S. Aral County of Hawali Planning Department Aupuni Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (808) 961-8142 Fax. (808) 961-8742 email: daral co.hawaii.hi.us_ "Hawa/7 County is an equal opportunity provider and employer" SPP No. 12-000138 Page No. 003479 Thanks Daryn Daryn 5. Aral County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (BOB) 961-8142 Fax: (BOB) 961-8742 email: daraiOL11,hawaii.hi us 'Hawai'i County is an equal opportunity provider and employer" SPP No. 12-000138 Page No. 003480 From: Masunwga.MAraaret To: Aral. Daryn Cc: MpnlZ;i.T.t4oW,&h0wA.nav-Tj:d Hnflo:ief[ggmes:5elf.AMy; Ulisang; (:ommand—enhbv,Ley.Rachelie;Hall,Cathy Subject; Re:Contested Case Pre-Hearing conference re:Connectians New Century Public Charter Schaal/Cl3CSS 5pmBf Permst App!Nn. 12-000139 Date. Wednesday,July 24,2013 9:43:97 PM I am available on July 31, 2013, by phone (808 322-4442 or 987-1046). Sincerely, Margaret Masunaga Sent from my iPad On Jul 24, 20131 at 4:00 PM, "Arai, Daryn" < > wrote; Sorry, typo everyone! See corrected dates below. My apologies Daryn Daryn S. Arai County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (608) 961-6142 Fax: (808) 961-8742 email: daraL.@co_hjlwa".hl.us "Hawaii county is an equal opportunity provider and employer" From: Arai, Daryn Sent: Wednesday, July 24, 2013 3:50 PM To: 'Mongay; 'Ted Hong'; 'Jeff games'; Self, Amy Cc: 'sandnsana a@hgWailal3W.net'; Kanuha, Duane; Command, Bobby; Ley, Rachelle; Masunaga, Margaret; Hall, Cathy Subject: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CBESS Special Permit Appi No. 12.000138 Good afternoon,everyone. Presiding Officer Sandra Song is requesting your availability for a pre-hearing conference to be held at the Planning Department sometime next week. As provided for by Section 4-7 of the Planning Commission Rules of Practice and Procedure, this conference with all parties is for the purpose of formulating or simplifying the issues, arranging for the exchange of proposed exhibits or proposed written testimony, setting of schedules, exchanging names of witnesses, limiting the number of witnesses and any other matter that may expedite the orderly conduct acrd disposition of this contested case proceeding. SPP No. 12-000138 Page No. 003481 Her preference for this pre-hearing conference would be: Wednesday,July 31,2013 at 1:30pm An alternative date could be: Tuesday,July 30, 2013 at 9:30am Please let me know of your ability on any of these two dates,with the preference being Wednesday,July 31 at 1:30pm. We do have teleconferencing abilities,so please let me know if you wish to participate by phone. Thank you. Daryn Daryn S. Arai County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96720 Phone; (808) 961-8142 Fax; (806) 961-8742 email; daraMco.hawaii.hl.us "Hawaii County is an equal opportunity provider and employer" „1 SPP No. 12-000138 Page No. 003482 From; Wf.Amy To; Arai._Qaarn:rslonfca.TA9Qtr+5ft2waiLoov:Ted Mono;teff Dom Ce: sandrAsotipr1hawauantel.nat,Kanuha.Duarte Lev_Racheile;Masunaga.Margaret;b4 Cathy subject. RE.Conte# Case Pre-Hearing conrerence re:Connections New Century Public Charter School/CRESS Special Permit Appl No. 12-009138 Date: Thursday,July 2S,2013 7.03:40 AM I am available on either day, but 7131 works better. From: Arai, Daryn Sent: Wednesday, July 24, 2013 4:01 PM To: Monica.T.Morrls@hawaii.gov; Ted Hong; 'Jeff gomes'; Self, Amy Cc: sandrasong@hawaiiantel.net; Kanuha, Duane; Command, Bobby; Ley, Rachelle; Masunaga, Margaret; Hall, Cathy Subject: RE: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CRESS Special Permit App! No. 12-000138 Sorry, typo everyone! See corrected dates below. my apologies Daryn Daryn S. Arai County of Hawaii Pianning Department Aupuni Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (808) 961-8142 Fax: (808)961-8742 email: ris[AiCa]ca.hawali.hi.us "Hawai'i County is an equal opportunity provider and employer” From: Arai, Daryn Sent: Wednesday, July 24, 2013 3:50 PM To: 'Monica.T.Morris@hawaii.gov'; Ted Hong'; 'Jeff gomes'; Self, Amy Cc: 'sandrasong@hawaliantel.nef; Kanuha, Duane; Command, Bobby; Ley, Rachelle; Masunaga, Margaret; Hall, Cathy Subject: Contested Case Pre-Hearing conference re; Connections New Century Public Charter School/CRESS Special Permit Appl No. 12-000138 Good afternoon,everyone. Presiding Officer Sandra Song is requesting your availability for a pre-hearing conference to be held at the Planning Department sometime next week. As provided for by Section 4-7 of the Planning Commission Rules of Practice and Procedure, this Conference with all parties is for the purpose of formulating or simplifying the issues, arranging for the exchange of proposed exhibits or proposed written testimony, setting of schedules, exchanging names of witnesses, limiting the number of witnesses and any other matter that may expedite the orderly conduct and disposition of this contested case proceeding. a SPP No. 12-000138 Page No. 003483 Her preference for this pre-hearing conference would be: Wednesday,July 31, 2013 at 1:30pm An alternative date could be: Tuesday, July 30, 2013 at 9:30am Please let me know of your ability on any of these two dates,with the preference being Wednesday, July 31 at 1:30pm. We do have teleconferencing abilities, so please let me know if you wish to participate by phone. Thank you. Daryn Daryn S. Arai County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite No. 3 Hilo,Hawaii 96720 Phone: (808) 961-8142 Fax: (808) 961-8742 email: daraiMco.hawali.hi.us 'Hawai'i County Is an equal opportunity provider and employer" SPP No. 12-000138 Page No. 003484 From: Daryn Aral To: "ieff onmes" cc: sandy sopahawalia=l.ne[ Subject: RE:Contested Case Pre-Hearing conference Connections New Century Public Charter School/CRESS Special Permit Appi No. 12-000138 Date. Thursday,July 25,2013 4:29;33 PM Jeff, Yes,as mach as possible. At the very least,just a list of witnesses and exhibits you wish to introduce as well as your schedule for the coming months. Regarding an assistant, that should not be a pruUem as Fong as that assistant is simpiy jotting information clown and not participating in the discussion. I am copying the presiding officer since she is conducting the entire proceeding. I want to make sure I don't step out-of-bounds. Thanks Daryn Daryn S. Arai County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (808) 961-6142 Fax: (808) 961-8742 email: daral0co hawaii tts "Naivar'i County is an equal opportunity provider and employer" From: jell gomes(maifto-.kafanigomes@hawaifantef.net] Sent; Thursday,July 25, 2013 11:16 AM To: darai@co.hawaii.hi.us Subject; Re: Contested Case Pre-Hearing conference Connections New Century Public Charter School/CBESS Special Permit Appl No. 12-000138 Hi Daryn, Will l need to bring anything with me next week such as: list of witnesses and evidence collected? May 1 have an assistant with me to record information? Aloha, Jeff Gomes Owner Hawaii Bookmark Jeffs Work Bench ..: SPP No. 12-000138 Page No. 003485 16-175 Melekahiwa Street #1 Kea'au, H6 96749 (808) 987-6488 wIMIv.hawaiihojIkrnaLk;„s.com on Jul 25,2013, Daryn Arai <dnrair�J►aNyaii.him > wrote: Thanks Jeff? Will confirm once everyone chimes in. Thanks for your quick response? Daryn Daryn S. Arai County of Hawaii Planning Department Aupuni Center 101 Paunhi Street, Suite No. 3 [filo, Hawaii 96720 Phone: (808) 961-8142 Pax: (808) 961-8742 email:c1irr ,hati�+aiihi.us "Hawai'i County is an equal opportunity provider and employer" -----Original Message----- Prom:jeff gomes [mailto:kalanignmesnhawaiiante l_net] Sent: Wednesday, July 24, 2013 9:41 PM To: DARAIncQ.hawaii.hi.us Subject: Re: RE: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CBBSS Special Permit App)No. 12-O0008 Hi Daryn, I am available Wednesday, July 3I at 1:30 p.m. Let me know exactly where when you find out. A}oha, Jeff Gomes Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahiwa Street 4 1 Kea'au, 1-1196749 (808) 987-6488 w�vtv.ha�vtn i i hoc�kmn rks.co�zt SPP No. 12-000136 Page No. 003486 Jul 24, 2013 04:00:40 PM, DARAI�,cn.hawffl.hi.us wrote: >Sorry, typo everyone! See corrected dates below. My apologies Daryn Daryn S. Arai County of(-lawaii Planning Department >Aupuni Center >101 Pauahi Street, Suite No. 3 >Hilo, Hawaii 96720 >Phone: (808) 961-8142 >Fax: (808) 961-8742 >email: darni.1 co_hayYaii_hi_us >Ilawai'i County is an equal opportunity provider and employer" From: Arai, Daryn >Sent: Wednesday, July 24, 2013 3:50 PM >To: ' onica ,.Morris-r)Lhawaii.go-v'; 'Ted Hong'; 'Jeff gomes'; Self, Amy >Cc: 'sandrasone f hawL iiafliel.net'; Kanuha. Duane; Command, Bobby; Ley, Rachelle; Masunaga, Margaret; Hall, Cathy >Subject: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CRESS Special Permit Appl No. 12-000138 Good afternoon, everyone. Presiding Officer Sandra Song is requesting your availability for a pre-hearing conference to be held at the Planning Department sometime next week. As provided for by Section 4-7 of the Planning Commission Mules of Practice and Procedure, this conference with all parties is for the purpose of formulating or simplifying the issues, arranging for the exchange of proposed exhibits or proposed written testimony, setting of schedules, exchanging names of witnesses, limiting the number of witnesses and any other matter that may expedite the orderly conduct and disposition of this contested case proceeding. Her preference for this pre-hearing conference would be: Wednesday, July 31, 2013 at 1:30pm An alternative date could be: Tuesday, July 30, 2013 at 9:30am Please let me know of your ability on any of these two dates, with the preference being Wednesday, July 31 at 1.30pm. We do have teleconferencing abilities. so please let me know if you wish to participate by phone. Thank you. SPP No, 12-000138 Page No. 003487 Daryn Daryn S. Arai County of Hawaii Planning Department >Aupuni Center >10) Pauahi Street. Suite No. 3 >Hilo, Hawaii 96720 >Phone: (808) 961-8142 >rax: (808) 961-8742 >email: daraircr cQ.hawaii.hi.us >"Hawai'i County is an equal opportunity provider and employer" SPP No. 12-000138 Page No. 003488 From: Arai,Dawn To: ICd Hong teff names;Self-Amy; [la I Ce: sandrasoncionawaiiantel.net;Kanu}g Ruane;Oman Bobby;Lev,Rachek;Masunaaa_Margaret;Jam, [athv Subject: RE: Contested case Pre-Nearing conference re:Connections New Century Public Charter School/CBESS Special Permit Appl No. 12-000138 Date: Tuesday,July 30,2013 10:29:19 AM Good morn£ng, everyone! We will need to reschedule this p-e-hearing conference since we are not able to get all cf the parties together for this meeting. We will probably not be able to finalize any new meeting date until the middle of next week, 1 will be in touch with al; of you next week. Daryn Daryn S. Arai County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 9672D Phone: (808) 961-8142 Fax: (808) 961-8742 email: darainorn.hawnii.hi.is "Hawai'i County is an equal opportunity provider and employer" From: Arai, Daryn Sent: Wednesday, July 24, 2013 3:50 PM To: 'MonEm.T.Morris@hawaii.gov'; 'Ted Hong'; 'jeff gomes'; Self, Amy Cc: 'sandrasong@hawaiiantel.net; Kanuha, Duane; Command, Bobby; Ley, Rachelle; Masunaga, Margaret; Hall, Cathy Subject: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CBE=SS Special Permit Appl No. 12-000138 Good afternoon, everyone. Presiding Officer Sandra Song is requesting your availability for a pre-hearing conference to be held at the Planning Department sometime next week. As provided for by Section 4-7 of the Planning Commission Rules of Practice and Procedure,this conference with all parties is for the purpose of formulating or simplifying the issues, arranging for the exchange of proposed exhibits or proposed written testimony, setting of schedules, exchanging names of witnesses, limiting the number of witnesses and any other matter that may expedite the orderly conduct and disposition of this contested case proceeding. Her preference for this pre-hearing conference would be: Wednesday,July 31, 2013 at 1:30pm An alternative date could be: SPP No. 12-000138 Page No. 003489 Tuesday,July 20, 2013 at 9:30am Please let me know of your ability on any of these two dates,with the preference besng Wednesday, July 31 at 1:30pm. We do have teleconferencing abilities, so please let me know if you wish to participate by phone. Thank you. Daryn Daryn S. Arai County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96720 Phorne: (BOB) 961-8142 Fax: (808) 961-8742 email: daraioco.hawaii.hi.us "Hawai'i County is an equal opportunity provider and employer" SPP No. 12-000138 Page No. 003490 From-. Arai, Daryn To: led HQQQ Jeff onmes:Self. Amy;carter.k.s44--•hawaii.nny Cc: c a P; Fu'rnnfn.Phyllis:Darrow. 1Off Subject: RE:Contested Case Pre-Hearing conference re:Connections New Century Public Charter School/CBE55 Special Permit Appl No. 12-000138 Date: Tuesday,July 30,2013 2:38:57 PM Good afternoon,everyone. in anticipation that confirmation of a new meeting time will not be confirmed until the middle of next week, Just wanted to check if the parties will be available for a pre-hearing conference on Friday,August 9 at 9:00am at the Planning Dept.? Thank you. Daryn Daryn 5, Arai County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite No. 3 Htlo, Hawaii 96720 Phone- (808) 961-8142 Fax: (806) 961-8742 email: darai;alrn.hawA6.hi.us_ "Hawai'i County is an equal opportunity provider and employer" From: Arai, Daryn Sent: Tuesday, July 30, 2013 10:29 AM To: Ted Hong'; '3eff gomes'; Self, Amy; 'carter,k.siu@hawaii.gov' Cc: 'sandrasong@hawaiiantel.net; Kanuha, Duane; Command, Bobby; Ley, Rachelle; Masunaga, Margaret; Hall, Cathy Subject: RE: Contested Case Pre-Hearing conference re: Connections New Century Public Charter 5chool/CBESS Special Permit Appl No. 12-000138 Good mormmig, everyone'. We will need to reschedule this pre-hearing conference since we are not able to get all of the parties together for this meeting. We wiii probably not be able to finalize any new meeting date until the middle of next week. I wili be in touch with all of you next week. Daryn; Daryn S. Arai County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 95720 Phone: (806) 961-8142 Fax: (808) 961-8742 email: ira7r c SPP No. 12-000138 Page No. 003491 "Hawal'i County is an equal opportunity provider and employer" From: Arai, Daryn Sent: Wednesday, July 24, 2013 3:50 PM To: 'Monica.T.Morris@hawall.gov'; Ted Hong'; 'Jeff gomes'; Self, Amy Cc: 'sandrasong@hawaiiantel,net'; Kanuha, Duane; Command, Bobby; Ley, Rachelie; Masunaga, Margaret; Hall, Cathy Subject: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CBESS Special Permit Appl No. 12-000138 Good afternoon, everyone. Presiding Officer Sandra Song is requesting your availability for a pre-hearing conference to be held at the Planning Department sometime next week. As provided for by Section 4-7 of the Planning Commission Rules of Practice and Procedure, this conference with all parties is for the purpose of formulating or simplifying the issues, arranging for the exchange of proposed exhibits or proposed written testimony, setting of schedules, exchanging names of witnesses, limiting the number of witnesses and any other matter that may expedite the orderly conduct and disposition of this contested case proceeding. Her preference for this pre-hearing Conference would be: Wednesday,July 31, 2013 at 1:30pm An alternative date could be: Tuesday,July 20, 2013 at 9:30am Please let me know of your ability on any of these two dates,with the preference being Wednesday, July 31 at 1:30pm. We do have teleconferencing abilities,so please let me know if you wish to participate by phone. Thank you. Daryn Daryn S. Arai County of Hawaii Planning Department Aupunl Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (808) 961-8142 Fax: (808) 961-8742 email: daramZro.hawaii.hi.uc "Hawai'i County is an equal opportunity provider and employer" SPP No. 12-000138 Page No. 003492 From "Arai, Daryn"<D&RAI Moo hawaii bi Wa> To "fed Hong"<IedQ=hnnnlaw cnm>,"jell gomes" net>,"Self,Amy'�asetil�rxihawai_h.us>, K > Cr csardraannnCahawailantel.nat>,"Fujimoln,Phyllis"�nlui= 2m__hawaLb us>."Darrow,Jefr'K' > Date 07!3012013 02:18 PM SvDied RP:Conlested Case Are-Hearing conference re Connections New Century Public Charter schoouCSESS Special Permit Appl No 12-D00138 Good afternoon, everyone. In anticipation that confirmation of a new meeting time will not be confirmed unVI the middle of next week, just wanted to check if the parties will be avallable for a pre-hearing conference on Friday, August 9 at 9:00am at the Planning Dept.? Thank you. Daryn Daryn S. Aral County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite No. 3 Hilo, Hawakk 96720 Phone. 11011) c)61-8142 Fax: (1408) 961-6242 email: darai(@cd.bawali.hi.us "Hawai'i County is an equal opportunity provider and employer" From: Arai, Daryn Sent: Tuesday, July 30, 2013 10:29 AM To: 'Ted Hong'; 'jell gomes'; Self, Amy; 'c er, siu ca hawaii.aov' Cc: '8andrasonQAhawaiiantel.net'; Kanuha, Duane; Command, Bobby; Ley, Rachelle; Masunaga, Margaret; Hall, Cathy Subject: RE: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CRESS Special Permit App! No. 12-000138 Good morning, everyone! We will need to reschedule this pre-hearing conference since we are not able to get all of the part'les together for this meeting. We will probably not be abie to finalize any new meeting date until the middle of next week. I will be in touch with all of you next week. SPP No. 12-000138 Page No. 003493 Daryn Daryn S. Aral County of Hawaii Planning Department Aupuni Center 101 Pauahl Street, Suite No. 3 Hilo, Hawa+i 96720 Phone: fRnA1 961-A142 Fax: 180Bj 961-S742 email: daraifd�co,hawaii.hi.us_ "Hawaii County is an equal opportunity provider and employer" From: Arai, Daryn Sent: Wednesday, July 24, 2013 3:50 PM To: ',Monira.T.Morrlsf bawaii,9v_'; Ted Hong'; Jeff gomes'; Self, Amy Cc: 'sandrasong0hawaiiantel.net'; Kanuha, Duane; Command, Bobby; Ley, Rachelle; Masunaga, Margaret; Hall, Cathy Subject: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CBESS Special Permit Appl No. 12-000138 Good afternoon, everyone. Presiding Dfficer Sandra Song is requesting your availability for a pre-hearing conference to be held at the Planning Department sometime next week. As provided for by Section 4-7 of the Planning Commission Rules of Practice and Procedure, this conference with all parties is for the purpose of formulating or simplifying the issues, arranging for the exchange of proposed exhibits or proposed written testimony, setting of schedules, exchanging names of witnesses, limiting the number of witnesses and any other matter that may expedite the orderly conduct and disposition of this contested case proceeding. Her preference for this pre-hearing conference would be: Wednesday, July 31, 2013 at 1:30pm An alternative date could be: Tuesday, July 20, 2013 at 9:30am Please let me know of your ability on any of these two dates, with the preference being Wednesday, July 31 at 1:30pm. We do have teleconferencing abilities, so please let me know if you wish to participate by phone. Thank you. .�:.,. SPP No. 12-000138 Page No. 003494 Daryn Daryn S. Arai County of Hawaii Plahning Department Aupuhl Center 101 Pauahi Street, Suite No. 3 Hilo, Hawall 46720 Phone: (908) 461-8142 Fax. ($0 _874) email: daraiCnrg.hawajj,hi.us_ "Haw30 County is an equal opportunity pravider and employer" Sue Lee Loy, Legal Assistant Law Office of Ted i-long, Esq. Te I:S08.9;3.1919 emai i:cue_feel ovr�Utmgil_com Please consider the environment before printing this email. This email may contain information that is strictly confidential. The contents of this email are intended only for the recipient(s) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges. Sue Lee Loy, Legal Assistant Law Office of Ted Hong, Esq. Tei:808.933.1919 erii:sue.lee{ovra h�tmi{.cnm Please consider the environment before printing this email. This email may contain information that is strictly confidential. The contents of this email are intended only for the recipient(s) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient,you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges. Sue Lee Loy, Legal Assistant Law Office of Ted Hong, Esq. Tel:808.933.1 einail:stie_lee Ioy hotmall.colm SPP No. 12-000138 Page No. 003495 Please consider the environment before printing this email. This email may contain information that is strictly confidential. The contents of this email are intended only for the recipient(s) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges. Sue Lee Loy, Legal Assistant La►v Oftce of Ted 11ong, Esq. 9 ernaiL•sue.leelo y( .hotmall.com Please consider the environment before printing this email. This email may contain information that is strictly confidential. The contents of this email are intended only for the recipient(s) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges. SPP No. 12-0001313 Page No. 003496 From: aadnr.K.5iufahaw2jj= To: Arai,Daren Cc: Self. Amy.DarMw.Jt ,'eff noMps;Fufimo Phylfis:garidrasona(n.hawaiiantN_net;led lions; Gina.ht.Lum(WhaWaR_eov Subject: RE: Contested Case Pre-Hearing conference re:Connections New Century Public Charter School/CRESS Spocia! Permit Appl No. 12-000138 Date: Tuesday,August 06,2013 10:54:53 AM Mr. Arai: I apologize for not being in town the fast couple of weeks, but I just returned to my office this rooming. I am unavailable this Friday at 9:00 a.m. as l am in federal court at 9:30 a.m. I could be available later Ilia[afternoon. Also, since I am Oahu, would it be possible if I could telephonically? Or am I required to attend in person? Should there be any questions regarding the foregoing, please do not hesitate to call or e-mail my office. Mahalo! Carter K. Siu Deputy Attorney Genera! Education Division 235 S. Beretania Street, Rm 304 Honolulu, HI 36813 Phone_ 586-1255 Fax 586-1488 Confidentiality Notice: This a-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information. Any review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the sender by reply a-maif and destroy all copies of the original message. From "Arai, Daryn"<DARAI@m hawdi hi us> rc 'Ted Hong"<ted@iLldhonglaw cum>,"ieN gomes"ckalanigomes(Ephawaiiantel ne17,"Self,Amy'<aselflboo hawa!i.hi us>, ccarter k.siu®hawail gov? Cc <sandrasong@hawaiianlel net>,"Fujimoto,Phyilis"<pfuiimoto@co hawali hi us>,"Darrow,Jeff'<idarrowaco hawail hi us> Date 0713012013 02-18 PM Subject RE:Contested Case Pre-Heanng conference re,Connections New Century Public Charter SehooVCBE5S 5peual Permit Appf No 12.000138 Good afterncon,everyone. In anticipation that confirmation of a new meeting time will! not be confirmed until the middle of r:exr week, Just wanted to check if the Parties wtl:be available for a pre-hearing cnnference on Pnday, August 9 at 9;00am at the Planning Dept.? Y_ SPP No. 12-000138 Page No. 003497 Thank you. Daryn Daryn S. Aral County of Hawail Planning Department Aupunl Center 101 Pauahi Street, 5utte No. 3 Hilo, Hawaii 96720 Phone: (BOB) 961-8142 Fax: (808) 961-8742 Malik data l(al[o.hawall.}L ug "Hawai'i County is an equal opportunity provider and employer" From: Aral, Daryn Sent: Tuesday,July 30, 2013 10:29 AM To: 'Ted Hong'; 'jeffi gomes'; Self, Amy; 'carter.k.siu@hawaii.gov' Cc: 'sandrasong@hawaiiantel.nee; Kanuha, Duane; Command, Bobby; Ley, Rachelle; Masunaga, Margaret; Hall, Cathy Subject: RE: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CBESS Special Permit Appl No. 12-000138 Good morning, everyone! We wiii need to reschedule this pre-hearing conference since we are not able to get all of the parties together for this meeting. We wih probably not be able to f€naUe any new meeting date until the middle of next week. ! will be in touch with ai!of you next week. Daryn Daryn S. Arai County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (808) 961-8142 Fax: (808) 961-9742 email: daraj„Qco. ai(,hi.us_ 'Hawai'i County is an equal opportunity provider and employer" From: Arai, Daryn Sent: Wednesday, July 24, 2013 3:50 PM To: 'Monlca.T.Morris@hawaii.goV; 'Ted Hong'; 'Jeff gomes'; Self, Amy Cc: 'sandrasong @hawaii antel.nee; Kanuha, Duane; Command, Bobby; Ley, Rachelle; Masunaga, Margaret; Hall, Cathy Subject: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CBESS Special Perrnit App) No. 12-000138 Good afternoon, everyone. Presiding Officer Sandra Song is requesting your availability for a pre-hearing conference to be held at the Planning Department sometime next week. As provided for by Section 4-7 of the Planning Commission Rules of Practice and Protedure,this conference with all parties is for the purpose of formulating or simplifying the issues, SPP No. 12-000138 Page No. 003498 arranging for the exchange of proposed exhibits or proposed written testimony,setting of schedules,exchanging names of witnesses, limiting the number of witnesses and any other matter that may expedite the orderly conduct and disposition of this contested case proceeding Her preference for this pre-hearing conference would be. Wednesday,July 31, 2013 at 1:30pm An alternative date could be: Tuesday, Juiy 20, 2013 at 9:30am Please let me know of your ability on any of these two dates,with the preference being Wednesday,July 31 at 1:30pm. We do have teleconferencing abilities, so please let me know if you wish to participate by phone. Thank you. Daryn Daryn S. Aral County of Hawaii Planning Department Aupuni Center 101 Pauahl Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (848) 961-8142 Fax: (808) 961-8742 ernaiJ: darai cn.hawaii.h)-us "Hawai'i counry is an equal opportunity provider and employer" SPP No. 12-000138 Page No. 003499 From: Daren Arai To: 5anrirasona 7ahgWiiant l.net Subject: RE:Contested Case Pre-Hearing conference m Ccnnectrons New Century Public Charter School/C3E55 Special Penult Appl No. 12-000138 Date: Tuesday,August 06,2013 12:54:41 PM Sandy, Thanks for taking the lead on rescheduling. I am available ail 3 days. Daryn From: Sandra Song [mailto-,sandrasong@hawaiiantel.net] Sent:Tuesday, August 06, 2013 12:27 PM To: Carter.K.Siu@hawaii.gov; 'Arai, Daryn' Cc: 'Self, Amy'; 'Darrow, Jeff; 'jell gomes'; 'Fujimoto, Phyllis'; 'Ted Hong'; Gina.M.Lum@hawaii.gov Subject, RE: Contested Case pre-Hearing conference re: Connections New Century Public Charter School/CBESS Special Permit Appl No. 12-000138 I'm in a settlement conference beginning at 1:30 p.m.on Friday, so we should loo< at the follcwir:g week. I am available any time on August 13, 14 or 16. Sandra P. Sang Attorney at Law 10 Karneharreha Ave. Hilo, HI 96720 Tel- (808)93.3-921 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. if you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. From: CarteE.K.SivabawaiLgov [mail to:Carter.K.SiuCdhawaii.aoy] Sent:Tuesday, August 06, 2013 10:51 AM To: Arai, Daryn Cc: Self, Amy; Darrow, 3eff; jell games; Fujimoto, Phyllis; saDdrasonanhawaiiantel.net;Ted Bong; �iiina.M.LumCalhawaii.00y 5ubject: RE: Contested Case Pre-Hearing conference re: Connections New Century public Charter School/CRESS Special Permit Appl No. 12-000138 Mr. Arai: i apologize for not being in town the last couple of weeks, but I just returned to my office this morning. I am unavailable this Friday at 9:00 a.m. as 1 am in federal court at 9:30 a.m. I could be available later that afternoon. Also, since I am Oahu, would it be possible if I could telephonically? Or am I required : SPP No, 12-000138 Page No. 003500 to attend in person? Should there be any questions regarding the foregoing, please do not hesitate to call or e-mail my office. Mahalol Carter K. Siu Deputy Attorney General Education Divjsion 235 S. Beretania Street, Rm 304 Honolulu, HI 95813 Phone: 586-1255 Fax 586-1488 Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information. Any review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not the intended recipient, please Contact the sender by reply e-mail and destroy all copies of the original message. From "Arai, Daryn"< > To 'Ted Hong"cked -tedho law.Com�.Jeff gomes"ckalan?games hawaffaritef_net>, "Self,Amy"tasalr co.hawaii.hi up. ccaaerk siuzhawaiieov> Cc ceanrlraannyahawaiiantat.nnt>,"Fujimoto.Phyllis'epfurimntotdto haws i hi_us>,"Darrow,Jeff cidarrow2cn_hawaii_h�.us> Qale 07130/2013 02.13 PM Suc;ed RE, Contested Case Pre-Hearing conference re Connections New Century Public Charter SchoolfCBESS Special Permit Appl No 12-000138 Good afternoon, everyone, in aMCipatlor,!hat confrrrnatiorr of a new meeting time Wiil not be confirmed until the middle of next Week, iust wanted to check if the parties W! be available for a pre-hearing conferercc or, Fr'day, August 9 at 9-30arn at the Nanning Dept � Thank you. Oaryn Darya S. Arai County of Hawaii Planning Department Aupuni Center 101 Pauahl Street, Suite No. 3 Hila, Hawak 96720 Phone: (808) 961-8142 Fax: (806) 961-8742 email: daraiaco hawaii.hi.us "Hawaii County is an equal opportunity provider and employer" SPP No. 12-000138 Page No. 003501 From: Arai, Daryn Sent: Tuesday,July 30, 2013 10:29 AM To: 'led Hong'; 'Jeff gomes'; Self, Amy; 'carter.k,siu@hawaii.gov' Cc: 'sandrasong@hawaiiantel.net; Kanuha, Duane; Command, Bobby; Ley, Rachelle; Masunaga, Margaret; Hall, Cathy Subject: RE: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CBESS Special Permit Appl No, 12-000138 Good morning, everyone 2! We will need to reschedule this pre-hearing conference since we are not able to get al! pf the parties together for this meeting. We wiil probably not be able to finalize any new meeting date unto the middle cf next week. i will be in touch w th a'I of you next ween. Daryn Daryn 5, Arai County or Hawaii Planning department Aupuni Center 101 Pauahi Street, Suite No, 3 HYo, Hawaii 96720 Phone: (808) 961-8142 Fax: (808) 961-8742 emall; darai0co.hawaii.hi.us ,wawaei County is an equal opportunity provider and employer" From: Arai, Daryn Sent: Wednesday, July 24, 2013 3:50 PM To: 'Monica.T.Morris@hawaii.gov'; 'Ted Hong'; 'jeff gornes'; Self, Array Cc: 'sandrasong@hawaiiantel.net; Kanuha, Duane; Command, Bobby; Ley, Rachelle; Masunaga, Margaret; Hall, Cathy Subject: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CBESS Special Permit Appi No. 12-000138 Good afternoon,everyone. Presiding Officer Sandra Song is requesting your availabi;ity for a pre-hearing conference to be held at the Planning Department sometime next week. As provided for by Section 4-7 of the Planning Commission Ruies of Practice and Procedure, this conference with all parties is for the purpose of formulating or simplifying the issues, arranging for the exchange of proposed exhibits or proposed written testimony,setting of schedules,exchanging names of witnesses, Fmiting the number of witnesses and any other matter that may expedite the orderly conduct and disposition of this contested case proceeding. Her preference for this pre•hear!ng conference would be: Wednesday,July 31, 2013 at 1',30pm An alternative date could be: Tuesday,July 20, 2013 at 9:3pam Please Jet me know of your ability on any of these two dates,with the preference being Wednesday,July 31 at a SPP No. 12-000138 Page No. 003502 1:30pm. We do have teleconferencing abillties, so please let me know,f you wish to participate by phone Thank you. Daryn+ Daryn S. Arai County of Hawaii Pianning Department Aupuni Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (BOB) 961-8142 Fax: (808) 961-8742 email: darairalco.hawaii.hi.us "Hawaii County is an equal opportunity provider and employer" SPP No. 12-000138 Page No. 003503 From: AMy Self Ta: sandrasono n hawaiiantN.n ;camr.K.Siurahawali, ;Arai. Darya CC; pa`row-k "Jgff MM-";Fujimata Phyllis:"Ted Hoag":{ailra_M.Lumifahawaii.aov;Masada.[rain Subject: RE:Contested Case Pre-Hearing conference re:Connections New Century Pub;1c Charter SchoollCBESS Special Permit Appl No. 12-000138 Date: Tuesday,August 06,2013 I:02:36 PM will be at a land use training on the mainland from Aug. 13 through Aug. 16- From: Sandra Song [mailto:sandrasong@hawaiiantel.net) Sent: Tuesday, August 06, 2013 12:27 PM To: Carter,K,Siu@hawaii.gov; Arai, Daryn Cc: Self, Amy; Darrow, Jeff; Jeff gomes`; Fujimoto, Phyllis; `Ted Hong`; Gina.M.Lurn@hawaii,gov Subject: RE: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CBESS Special Permit Appl No. 12-000138 I'm in a settlement conference beginning at 1:30 p.m,on Friday, so we shouid look at the following week, i am available any time on August 13, 14 or 16, Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hila, HI 96720 Tel: (808)933-9212 Fax: f 8Ci8)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. if you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. From: Carter.K.Siu(ahawaii,gov [[pajlto:Carter.K.SiuC&hawaii.aov] Sent: Tuesday, August 06, 2013 10:51 AM To: Arai, Daryn Cc: Self, Amy; Darrow, Jeff; jeff gomes; Fujimoto, Phyllis; sapdrasor),gehawaiiantel.net; Ted Hong; Gina.M.l um(ahawaii.,gov Subject: RE: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CBESS Special Permit Appl No. 12-000138 Mr. Arai: I apologize for not being in town the last couple of weeks, but I just returned to my office this morning. I am unavailable this Friday at 9:00 a.m. as I am in federal court at 9:30 a.m. I could be available later that afternoon. Also, since I am Oahu, would it be possible if I could telephonically? or am I required to attend in person? .: SPP No. 12-000138 Page No. 003504 Should there be any questions regarding the foregoing, please do not hesitate to call or e-mail my office. Mahalo! Carter K. Siu Deputy Attorney General Education Division 235 S- Beretania Street, Rm 304 Honolulu, HI 96813 Phone: 586-1255 Fax 586-1488 Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential andfor privileged information. Any review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message, From "Arai, Daryl'cDAR81r5co hawah hi us> To "Ted Hong"09912tedhp0q aw cams,"jelf games"ckalanieomerOhgAniianlet nets,"Self,Amy"c }, crarter k s;u(Mhawa'iE anv> Cc csandrasnnn1bhawaiianlel nat>,"Fujimoto,Phyllis"cofuilrnolo co_hawaii_hi.us>,"Rarrovi,Jetr'c' h ii i Date 07/3012013 (32.18 PM Subject RE Contested Case Pre-Hearing conference re.Connections New Century Public Charter School)CBESS Special Permit Appl No. 12-000138 Good afternoon,everyone. In anticipation that ccr.firrnatjon of a new meeting time wil; not be confirmed until the middle of next week,just wanted to zheck if the parties will be available for a pre-hearing conference on Friday, August 9 at 9:00am at the :Tanning Dept ? Thank you. Daryn Daryn S, Arai County of Hawaii Planning Department Aupuni Center 101 Pauahi 5treet, 5u!te No. 3 Hilo, Hawaii 96720 Phone: (808) 961-8142 Fax: (808) 961-8742 email: darainsr3.hawali.hi.us__ "Hawai'i County is an equal opportunity provider and employer" Fram:Arai, Daryn SPP No, 12-000138 Page No. 003505 Sent: Tuesday,July 30, 2013 10:29 AM To: Ted Hong'; 'jeff gomes'; Self, Amy; 'carter.k,siu@hawaii.gov' Cc: 'sandrasong@hawaiiantel.net'; Kanuha, Duane; Command, Bobby; bey, Rachelle; Masunaga, Margaret; Hall, Cathy Subject: RE: Contested Case Pre-Hearing conference re: Connecdons New Century Public Charter School/CBESS Special Permit Appl No. 12-000138 Good morning,everyone! We will need to reschedule this pre-hearing conference since we are not able to get ail of the partici tig=then for this meeting. WE Will probably not be able tc finalize any new meeting date until the middle of next week, wiil be in touch with ai'of you next week. Ciaryn Oaryn S. Arai County of Hawaii Planning oepartment Aupuni Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96720 Phone; (808) 961-8142 Fax: (BOB) 961-8742 email: 0a ra i 0so.h awall.hi.us `Hawai'i County is an equal opportunity provider and employer" From: Arai, Daryn Sent: Wednesday, July 24, 2013 3:50 PM To: 'Monlca.T.Morris@hawaii.gov'; Ted Hong'; 'Jeff gomes'; Self, Amy Cc: 'sandrasong@hawaiiantel.nee; Kanuha, Duane; Command, Bobby; Ley, Rachelle; Masunaga, Margaret; Hall, Cathy Subject: Contested Case pre-Hearing conference re: Connections New Century Public Charter Schooi/CBES5 Special Permit Appl No. 12-000138 Good afternoon, everyone- Presiding Officer Sandra Song is requesting your availability for a pre-hearing conference to be held at the Planning Department sometime next week. As provided for by Section 4-7 of the Planning Commission Rules of Practice and Procedure, this conference with all parties is for the purpose of formulating or simplifying the issues, arranging for the exchange of proposed exhibits or proposed written, testimony,setting of schedules,exchanging names of witnesses, limiting the number of witnesses and any other matter that may expedite the orderly conduct and disposition of this contested case proceeding. Her preference for this pre-hearing conference would be: Wednesday,July 31, 2013 at 1 30pm An alternative date could be: Tuesday,July 20, 2013 at 9:30am Please let me know of your ability on any of these two dates,with the preference being Wednesday,July 31 at 1.30pm. We do have teleconferencing abilities, so please let me know if you wish to participate by phone. SPP No. 12-000138 Page No. 003506 Thank you. Daryn Daryn S. Arai County of Hawaii Planning Department Aupuni Center 101 Pauahl Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (80B) 961-9142 Fax, (808) 961-8742 email: aiwn.hawatt.hi.vs_ "Hawai'i County is an equal opportunity provider and employer" SPP No. 12-000138 Page No. 003507 From: To: Carter. ,Sybfalhawaii.gW C[: sandrasonn0hawailantel.net; Self.Amv:Argi- Da'n;5ina.M_Lu[Da�ha2iaiLgou;Darrow. ktf jCf{=rnes; Fujimoto.Phvl W Ted Hiring Subject: Re:Contested Case Pre-Hearing conference re:ConneLrtions New Century Public Charter School/C9ESS Special Permit Appl No. 12-046138 Date: Tuesday,August 06,2013 3:29:12 PM Aloha et al - Mr. Hong is available on the 13th between 11:30 and 3. On Tue, Aug 6, 2013 at 3:16 PM, <Cd[er.K.Siu(@bawail.aov> wrote: f am available on the 13th. Carter K. Siu Deputy Attorney General Education Division 235 S. Beretania Street, Rm 304 Honolulu, HI 96813 Phone: 586-1255 Fax 586-1488 Confidentiality Notice: This e-mail message, including any attachments, is for the sale use of the intended recipient(s) and may contain confidential and/or privileged information. Any review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From "Sandra Song"esandrasonaBhawaiiantetnef> T4 cCartPr K.SiuQhawah.aov>,"'Aral. Daryn'"4 UARalao nowaml Ul os> Cc '"Self,Amy"'easelfBcrshawaiLhl up,"Dartow. JeR"40darropi5Prn hawaii hi Lica,'"lett gomes"' �kalaninomes�hawaiiante[.net>,"'Fulimolo,Phyllis"'t f im i' >,"'Ted Hong—<Lg=tedhonglawcom>, cGlag yM L urprmham QW Dale 08/0812073 1227 PM Subled RE Conlested Case Pre-Hearing conference re,Connections New Century Public Charter SchoolICBESS Special Permit Apt No 12-0(10738 I'm in a settlement conference beginning at 1:30 p.m. on Friday, So we should kook at the following week, l am available any time on August 13, 14 or 16. Sandra P, Song Attorney at law 10 Kamehameha Ave. Hilo, lei 96720 Tel; 180$ 933 9212 SPP No. 12-000138 Page No. 003508 Fax: (8081935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. From; Carter,K.Siu(@hawaJ.aoy [mailto:Carter.K.Siu(&hawaii.gov1 Sent; Tuesday, August 06, 2013-10:51 AM To: Arai, Daryn Cc; Self, Amy; Darrow, Jeff; jell gomes; Fujimoto, Phyllis; sandrasongahawaiianteLnet; Ted Hong; Gina.M.Lumna hawaii,goy Subject: RE: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CRESS Special Permit Appl No. 12-000138 Mr. Arai: I apologize for not being in town the last couple of weeks, but I just returned to my office this morning. I am unavailable this Friday at 9:00 a.m. as I am in federal court at 9:30 a.m. I could be available later that afternoon. Also, since I am Oahu, would it be possible if I could telephonically? Or am I required to attend in person? Should there be any questions regarding the foregoing, please do not hesitate to call or e-mail my office. Mahalo± Carter K. Siu Deputy Attorney General Education Division 235 S. Beretania Street, Rm 304 Honolulu, HI 96813 Phone: 586-1255 Fax 586-1488 Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information. Any review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. SPP No. 12-000138 Page No. 003509 Sue Lee Loy, Legal Assistant Law Office of Ted Hong, Esq. Tel:808.933.1919 email loya)hol aiLcom Please consider the environment before printing this email. This email may contain information that is strictly confidential. The contents of this email are intended only for the recipient(s) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. if you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to %vaive any applicable privileges. SPP No. 12-000138 Page No. 003510 From "Aral,Daryn"<DgRAUrcbco hawaii hi us} To "Fed Hong"cte�tedhonclaw.corn ,'Jeff gomes"<kalaninnmes ccbhawai4Qolel net},"Sett,Amy"caselffrDco hewa i hi u9a, <carterk_riuO.Kawau_oov7 Cc esandrasarmOlhawailantel nein,"Fujimclo,Phyllis"enfulimntorMco hawaii,hi us?,"Darrow,Jeff"tidarrowOco.hawaii h use Date 0713012013 02:19 PM Subject RE.Contested Case Pre-Hearing conference re, Connections New Century Public Charter SchoollCSESS Special Permit Appl No 12-000139 Good afternoon, everyone, In anticipation that confirmation of a new meeting time will not be confirmed until the middle of next week, just wanted to check if the parties will be ava0able for a pre-hearirg conference on Fr}day, August 9 at 9Mam at the Planning Dept.? Thank you. Daryn Daryn S. Arai County of Hawaii Planning Department AupuN Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (868) 961-81.42 Fax: (808) 961-8747 emaA: darai(alcn_hawatl.hl.l15 "Hawai'i County is an equa( opportunity provider and employer" From: Arai, Daryn Sent: Tuesday, July 30, 2013 10:29 AM To: 'Ted Hong'; 'Jeff gomes'; Self, Amy; 'carter.k.sila hawaii.goy' Cc: 'sandrasongftbawaiiantel.net'; Kanuha, Duane; Command, Bobby; Ley, Rachelle; Masunaga, Margaret; Hall, Cathy Subject: RE: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CBESS Special Permit Appl No. 12-000138 Good morning, everyone! We will need to reschedule this pre-Hearing conference since we are not able to get all of the parties together for this meeting. We will probably not be able to finalize any new meeting date until the middle of next week. SPP No. 12-404138 Page No. 003511 1 will be in touch with ail of you next week. Daryn Daryn S. Arai County or Hawaii Planning Department Aupuni center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 46720 Phone: (BOB) 961-8142 Fax: MR) 961-8742 email: daraifro.hawall.hi.us "Hawai'i County is an equal opportunity provider and employer" From: Arai, Daryn Sent: Wednesday, July 24, 2013 3:50 PM To: 'Monica T.MorrisCcDhawaii.goy'; 'Ted Hong'; 'Jeff gomes'; Self, Amy Cc: 'sand rasomahawaiiantel.net'; Kanuha, Duane; Command, Bobby; Ley, Rachelle; Masunaga, Margaret; Hall, Cathy Subject: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CBESS Special Permit Appl No. 12-000138 Good afternoon, everyone. Presiding Officer Sandra Song is requesting your availability for a pre-hearing conference to be held at the Planning Department sometime next week. As provided for by Section 4-7 of the Planning Commission Rules of Practice and Procedure, this conference with all parties is for the purpose of formulating or simplifying the issues, arranging for the exchange of proposed exhibits or proposed written testimony, setting of schedules, exchanging names of witnesses, limiting the number of witnesses and any other matter that may expedite the orderly conduct and disposition of this contested case proceeding. Her preference for this pre-hearing conference would be: Wednesday, July 31, 2013 at 1:30pm An alternative date could be: Tuesday, July 20, 2013 at 9:30am Please let me know of your ability on any of these two dates, with the preference being Wednesday, July 31 at 130pm. We do have teleconferencing abilities, so please let me SPP No. 12-000138 Page No. 003512 know if you wish to participate by phone. Thank you. Da ryn Daryn 5, Arai County of Hawaii PVanning Department Aupuni Center 101 Pauahl Street, Suite No. 3 Wo, Hawaii 96720 Phone: l9081 961-814.7 Fax: (909) 961-8742 email: darai&i}co.1aWA9J V.us "HawaM County is an equal opportunity provider and employer" Sue Lee Loy, Legal Assistant Law Office of Ted Hong, Esq. Tel:808.933.1919 emajl:sue.leeloyfthotmail.com Please consider the environment before printing this email. This email may contain information that is strictly confidential. The contents of this email are intended only for the recipient(s) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. I€ you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges. SPP No. 12-000138 Page No. 003513 From: Amy Self Tw sandrasongtahawaltantel,net:Carter.K.Slrlfa,hawaik,nnV;Aral,Daryn Cc Self.Amy: Darrow. Jeff:; SPP No. 12-000138 Page No. 003514 1 apologize for not being in town the last couple of weeks, but I just returned to my office this morning. I am unavailable this Friday at 9:00 a.m. as I am in federal court at 9:30 a.m. I could be available later that afternoon. Also, since I am Oahu, would it be possible if I could telephonically? Or am I required to attend in person? Should there be any questions regarding the foregoing, please do not hesitate to call or e-mail my office. Mahalo! Carter K. Siu Deputy Attorney General Education Division 235 S. Beretania Street, Rm 304 Honolulu, HI 96813 Phone: 586-1255 Fax 586-1488 Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information. Any review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From "Aral, Daryn"<126RA10co hawaii.hi us> To 'Ted Hong"<w*iedhonwaw n=5,"jeff gomes'ckalaniaomes,Bha ntel_net>,"Self,Amy"<asv Qco hawaii hi g115, +roamer k siuralhawaii aov> C:. �sandrasanard havrai ante/net>,"Fujimoto,Phyllis" >,"Darrow,Jetr'<idaM=2QQ hawaii hi LM> Dale 0713012013 02:18 PM Sul?-lecl RE Contested Case Pre-Hearing conference re.Connections New Century Public Charter School/CBESS Special Permit Appl No. 12-000138 Good afternoon,everyone. In anticipation that Confirmation of a new meeting time wit;not be confirmed unril the middie of next week, iust wanted to check if the parties wiil be available for a pre-hearing conference on Friday, August 9 at 9:CCam at the Planning Dept ? Thank you. Daryn Daryn S. Arai County of Hawaii Pianning Department Aupuni Center 101 Pauahi Street, Suite No. 3 H11o, Hawaii 46720 Phone: (8013) 961-8142 SPP No. 12-000138 Page No. 003515 Fax: (808) 961.8742 email: darai(cco.hawaii.hl.us 'Hawai'i County is an equal opportunity provider and employer" From: Arai, Daryn Sent; Tuesday,July 30, 2013 10:29 AM To: Ted Hong'; 'Jeff games'; Self, Amy; 'carter.k.siu@hawaii.gov' Cc: 'sandrasong@hawaiiantel.net'; Kanuha, Duane; Command, Bobby; Ley, Rachelle; Masunaga, Margaret; Hall, Cathy Subject: RE: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CRESS Special Permit Appl No. 12-000138 Good morning, everyonei We wO need tr,rescheduie this pre-haQr,ng conference since we are not able to get all of the parties Together for this meeting. We will probably not be able to finalize any new meeting date until the middle of next week. I will be in touch with ail of you next week. Daryn Daryn S. Arai County of Hawai! Planning Department Aupuni Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96720 Phone: ((308) 961-6142 Fax: (808) 951-8742 email: n Wawai i County is an equal opportunity provider and employer" From: Arai, Daryn Sent: Wednesday, July 24, 2013 3:50 PM To: 'Mon lca,T,Mords@hawal9.gov'; Ted Hong'; 'jell games'; Self, Amy Cc: 'sandrasong@hawaiiantel.net; Kanuha, Duane; Command, Bobby; Ley, Rachelle; Masunaga, Margaret; Hall, Cathy Subject: Contested Case Pre-Hearing conference re: Connect+ons New Century Public Charter SchoolICBESS Special Permit Appl No. 12-000138 Good afternoon, everyone. Presiding Officer Sandra Song is requesting your availability for a pre-hearing conference to be held at the Planning Department sometime next week. As provided for by Section 4-7 of the Planning Commission Rules of Practice and Procedure,this conference with ail parties is for the purpose of formuiating or srmpVVy ng the issues, arranging for the exchange of proposed exhibits or proposed written testimony,setting of schedules,exchanging names of witnesses, limiting the number of witnesses and any other matter that may expedite the orderly conduct and disposition of this contested case proceeding Her preference for this pre-hearing conference would be: Wednesday,July 31, 2013 at 1:30pm SPP No. 12-000138 Page No. 003516 An alternative date could be: Tuesday,July 20, 2013 at 9:30arn Please let me know of your ability an any of these two dates,with the preference being Wednesday,July 31 at 1:30pm. We do have teleconferencing abilnf'es, so please let me knovy if you wish to participate by phone. Thank you. Daryl) baryn S. Aral County of Hawali Punning pepartrnent Aupunl Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (808) 961-8142 Fax: (809) 961-8742 email: aral U7 o.h3s�[all.hi. "Hawai'i County is an equal opportunity provider and employer" SPP No. 12-000138 Page No. 003517 From: Darya Aral To: � �arrr��hawallanreJ.>?ei Cc: narrow,3oFf "teff 4mm";Fiiiimnfo,Phyllis-, Steh�ios_Molly;,Saf,Amy; Carter.K SIu 1finv Subject: RE:Contested Case Pre-Hearing conference re:Connections New Century Public Charter School/CRESS Special Permit Appl No.12-000138 Date: Wednesday,August 07,2013 4:L0:41 PM Mrs.Song, Just spoke with Jeff Gomes who indicated that he will not be available a!I of next week,including teiephonicaily. He is available anytime after August 19. Could you please attempt a new meeting date? Once confirmed, I will reserve a conference room for all of you. Thanks Daryn Daryn S. Arai County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite No. 3 !-filo, Hawaii 915720 Phone: (808) 961-8142 Fax: (808) 961-8742 email: dara6Ar_n-hawai0.hi.us "Nawar) County is an equal opportunity provider and employer" From: Amy Self [mailto:aself@co.hawaii.hl.us] Sent: Tuesday,August 06, 2013 5:23 PM To: sandrasong@hawaiiantel.net; Carter.K.Slu@hawaii.gov; Arai, Daryn Cc: Self, Amy; Darrow,Jeff; jeff games; Fujimoto, Phyllis; 'Ted Hong'; Gina.M.Lum@hawaii.gov; 'Molly Stebbins' Subject. RE: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CBESS Special Permit Appi No, 12-000138 One of our other attorneys, Molly Stebbins, has agreed to attend the pre-hearing conference on August 13 from 1 :00 to 3:00 p.m., so that this can move forward while I am on the mainland. I am copying Ms. Stebbins on this email and I request that she be included in all future correspondence re this matter until I return. Thank you in advance for your cooperation. From: Sandra Song [ ] SPP No. 12-000138 Page No, 003518 Sent: Tuesday, August 06, 2013 12:27 PM To: Carter.K.SiUQhawahgov; Arai, Daryn Cc: Self, Amy; Darrow,Jeff, 'Jeff gomes'; Fujimoto, Phyllis; Ted Hong'; Subject: RE: Contested Case Pre-Nearing conference re: Connections New Century Public Charter School/CBFSS Special Permit Appl No. 12-000138 I'm in a settlement conference beginning at 1:30 p,m.on Friday,so we should look at the foPowing week. 1 am available any time on August 13, 14 or 16. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel:{808)933-9212 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you, ----------- From: _._-From: Ca�Q�K.,SLuftawaiLgov [m aittn:Carter.K.Siunhawafl nov] Sent. Tuesday, August 05, 2013 10:51 AM To:Aral, Daryn Cc: Self, Amy; Darrow, Jeff; jell gomes; Fujimoto, Phyllls; sandrasnnoQhazQifantel.net; Ted Hong; Subject: RE: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CBESS Special Permit Appl No. 12-000138 Mr. Arai: 1 apologize for not being in town the last couple of weeks, but I just returned to my office this morning. I am unavailable this Friday at 9:00 a.m. as t am in federal court at 9:30 a.m. I could be available later that afternoon. Also, since I am Oahu, would it be possible if I could telephonically? Or am I required to attend in person? Should there be any questions regarding the foregoing, please do not hesitate to call or e-mail my office. Mahalo! Carter K. Stu Deputy Attorney General Education Division 235 S. Beretania Street, Rm 304 Honolulu, HI 96813 Phone: 586-1255 SPP No. 12-000138 Page No. 003519 Fax 586-1468 Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipients) and may contain confidential and/or privileged information. Any review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Frern "Arai,Daryn"<DAR=co hawaL hi eichi > TO "Ted Hang"< >,'jetf games"O Wnioomewftawaiiantel nt t>,"Sell,AMY'<aSelfOrm hawaii hi im>, <rArterksmu=awakoop Cc r a,"Fujimoto,Phyllis"< ? "Darrow,leis'cluamZWOO�M�j hi U1 Date 07130/2013 02:19 PM Subject RE'.Contested Case Pre-Hearing conference re-Connections New Century Public Charter S&ooVCBESS Special Permit Appl No 12-00013E Good afternoon,everyone. In anticipation that confirmation of a new meeting time will not be confirmed until the middle of next week,lust wanted to check if the parties will be available for 3 pre-hearing conference on Fr'lday, August 9 at 9:00am at the Planning Dept.? Thank you. Daryn Daryn S. Arai County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite No, 3 Hilo, Hawaii 96720 Phone; (BOB) 961-B142 Fax: (808) 961-8742 email: darajlffica_hawAh,hl.us "Hawaii County is an equal opportunity proOder and employer" From: Arai, Daryn Sent: Tuesday,July 30, 2013 10.29 AM To, Ted Hong'; 'Jeff gomes'; Self, Amy; 'mrter,k.siu@hawajl.goV Cc: 'sandrasong@hawaliantej,net; Kanuha, Duarte; Command, Bobby; Ley, Rarhelle; Masunaga, Margaret; Hall, Cathy Subject: RE; Contested Case Pre-Hearing conference re; Connections New Century Public Charter SchonXBE5SSpecial PermitAppl No. 12-000130 Good morning,everyone! We will need to reschedule this pre-hearing conference since we are not able to get all of the parties together for this meeting. We will probably not be able to finalize any now meeting date until the middle of next week. SPP No.-12-000138 Page No.003520 1 will be in touch with all of you next week, Daryn Daryn S. Arai County of Hawaii Planning Department Aupunl Center 101 Pauahl Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (808) 961-8142 Fax: (808) 96I-8742 email: daraiCaco.hawah.h3_us "HawaVi County is an equal opportunity provider and employer's From: Arai, Daryn Sent: Wednesday, 3uly 24, 2013 3:50 PM To: 'Monlca.7.Morns@hawaii.gov'; Ted Hong'; 'Jeff gomes'; Self, Amy Cc: 'sandrasong@hawaiiantel.net; Kanuha, Duane; Command, Bobby; Ley, Radtelle; Masunaga, Margaret; Hall, Cathy Subject: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CRESS Special Permit Appl No. 12-000138 Good afternoon,everyone. Presiding Officer Sandra Song is requesting your availability for a pre-hearing conference to be held at the Planning Department sometime next week. As provided for by Section 4-7 of the Planning Commission Rules of Practice and Procedure,this conference with all parties Is for the purpose of formulating or simplifying the issues, arranging for the exchange of proposed exhibits or proposed written testimony,setting of schedules,exchanging names of witnesses, limiting the number of witnesses and any other matter that may expedite the orderly conduct and disposition of this contested case proceeding. Her preference for this pre-hearing conference would be: Wednesday,July 31, 2013 at 1:30pm An alternative date could be: Tuesday,July 20, 2013 at 9:30am Please let me know of your ability on any of these two dates,with the preference being Wednesday,July 31 at 1:30pm. We do have teleconferencing abilities, so please let me know if you wish to participate by phone. Thank you. Daryrr Daryn S. Aral County of Hawaii Planning Department Aupunl Center 101 Pauahl Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (808) 961-8142 Fax: (808) 961-8742 email: daral(aa cmhawafl.hi.us "Hawai'i County is an equal opportunity provider and employer" SPP No. 12-000138 Page No.003521 From: Daryn-Aral To: sandrasonncahawaitantel.net Subject. FW:Contested Case Pre-Hearing conference re:Connections New Century Public Charter sdiool/CBE55 special Permit Appl No.12-000138 Date; Friday,August 09,2013 10:20:31 AM Sandy, More scheduling info from Ted Hong's office. Let me know if there is an alternate date and I w'il!try to secure the conference room. Thanks Daryn Daryn S. Arai County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite No, 3 Hilo, Hawaii 96720 Phone: (808)961-8142 Fax: (608) 961-8742 email: darai co-hawaii,bl.us "Hawai'i County is an equal opportunity provider and employer" From: Sue Lee Loy of TedHongLaw Emallto:sue@tedhonglaw.com3 Sent: Friday,August 09, 2013 9:48 AM To: Daryn Arai Cc: Fujimoto, Phyllis Subject: tie: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CBESS Special Permit Appl No. 12-000138 Aloha Daryn and Phyllis - UPDATE - 8127 IS NO LONGER AVAILABLE. Just trying to stay infront of this one On Thu, Aug 8, 2013 at 1:14 PM, Sue Lee Loy of TedHongLaw<suef2ledhong v.com> wrote: No worries. Mr. Hong is out of state from 8/14 to 8120. To help with more options, he is available 8121 between 10 and 3; 8/22 between I I and 3 8123 between I 1 and 5; 8126 And 8/27 are open as of this writing. On Thu, Aug 8, 2013 at 11:06 AM, Daryn Arai < 'n > wrote: Jeff Gomes can't make it. I asked the presiding officer to reschedule. This is more difficult that we thought! Sorry, Daryn From: Sue Lee Loy of TeclHong Law[mai Ito:sueStedhonalaw.com] Sent:Thursday, August 08, 2013 10:34 AM SPP No. 12-000138 Page No. 003522 To: daral; Fujimoto, Phyllis Subject: Re: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CRESS Special Permit Appl No. 12-000138 Daryn/Phyllis- is there a firm time for the 13? On Tue, Aug 6, 2013 at 3:29 PM, Sue Lee Loy of TedHongLaw<�tt�rc redllnnila.v_cnm� wrote: v Aloha et a] -Mr. Hong is available on the 13th between 11:30 and 3. On Tue, Aug 6, 2013 at 3:16 PM, <(,'artgrX.Siunhawaii_gov> wrote: I am available on the 13th. Carter K. Siu Deputy Attorney General Education Division 235 S. Beretania Street, Rm 364 Honolulu, HI 96813 Phone: 586-1255 Fax 586-1488 Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information. Any review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From "Sandra Song"csandrasonciZhawalanlal net> Tc <Carter_K.Siurmhawaii_aov>,"'Aral, DarYn'"eDARAlf&rnhawah hi a> Cc -Self,Amyx'<aseif®co hawaii hi_us>,'"Darrow,Jeff"' hrus>,"jeff gomes- < a,"'Fujimoto,Phyllis'"<nf%jWnotoQm hawali hi up."Ted Hong"'<tedatedhnnalaw r_nm>, �Q0na_M_LumQhawa1aovp Dale 08108!2413 1227 PM Subject RE:CDnlested Case Pre-meanng conference re Connections New Century Putal c Charter SMoUCBESS Speeal Permit Appt No,12-000138 I'm in a settlement conference beginning at 1:30 p.m. on Friday, so we should look at the following week, I am available any time on August 13, 14 or 16. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: 08) 933-9212 SPP No. 12-000138 Page No. 003523 Fax: (808) 235-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law, if you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. From: Carte[.K.Siu(@hawafi.gov [a1a1lto:Carter_K.Siu(& aw ",goy] Sent: Tuesday, August 06, 2013 10:51 AM To: Arai, Daryn Cc: Self, Amy, Darrow, Jeff; jeff gomes; Fujimoto, Phyllis; 5andrasona@hawaiianteLnet; Ted Hong; Gina.M.LumiQ3 awat.goy Subject: RE: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CBESS Special Permit Appl No. 12-000138 Mr. Arai: I apologize for not being in town the last couple of weeks, but I just returned to my office this morning. I am unavailable this Friday at 9:00 a.m, as I am in federal court at 9:30 a.m. I could be available later that afternoon. Also, since I am Oahu, would it be possible if I could telephonically? Or am I required to attend in person? Should there be any questions regarding the foregoing, please do not hesitate to call or e-mail my office. Mahalo6 Carter K. Siu Deputy Attorney General Education Division 235 S. Beretania Street, Rm 304 Honolulu, HI 96813 Phone: 586-1255 Fax 586-1488 Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information. Any review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. SPPNo.'12-ono`138 ' Page No. 003524 n~m' DmQa Aral To., subject: RE:Connections pre-hearing conference Date: Friday,mwwgv9,m13 1:47.56 PM ThanksSandy Sandra Sonndrasung@hawahan$$.net] Setz Friday, 11:40 AM To. 'Daryn Aral' Subject: Connections pre-hearing conference Daryn' After our phone conversation, I decided just to set a new hearing date and time in your conference room. Lets see ifanyone objects. Best regards, Sandy Sand,aP.SonQ Attorney acLaw 1OKamehemehaAve. HUo, Hl 96720 Tel:(8QO)933'9Z1Z Fax/(8O8)93S'4863 WARNING: This email message and any attachments may contain information that is pdwUegmd, confidential, and/o, exempt from disclosure under epp8caWelaw. /fyou are not the intended recipient urauthorized agent *mr the rwcipiont, any diuoeminaUon, distribution orcopying oYthis communication is sthotly prohibited. If you received this email message |nerror, please immediately notify the sender byreturn email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003525 From: teff comes To: sandrasonn0hawaHantet.net Subject: CONNECTIONS CONTESTED CASE HEMNG Date: Friday,August 09,2013 3:21:32 PM Aloha Sandra, Thank you very much for setting the date and your patience. I am available and will be present Thursday, August 22, 2013 at 11:00 am. This is my first Contested Case hear and I am not familiar with procedure. Is there anything in particular you expect me to bring or that I need have with me? I appreciate any guidance that will help make this process flow smoothly. Mahalo, Jeff Gomes Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahiwa Street #1 Kea'au, HI 96749 (808) 987-6488 www.hawaiibookmarks.com SPP No. 12-000138 Page No.003526 From: Aral. Daren To: sandr, asengehawallantel.net Subject: FW:Connections Pre-Hearing Conference Date; Monday,August 12,2413 3:2B:Sq PM Sandy, lust in case, I ask Sharon of our office to look at current available conference rooms at both Aupuni Center and the State Building to accommodate a contested case proceeding. Below are the availabilities as of today. But it goes quickly. Daryn Daryn S. Arai County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii %720 Phone: (808)961-8142 Fax: (808) 961-8742 email: daral(ac-n.hawa*r.hi.Lis "Hawai'i County is an equal opportunity provider and employer" ...... From: Nomura, Sharon Sent: Monday,August 12, 2013 9:48 AM To: Aral, Daryn Subject: RE: Connections Pre-Hearing Conference For Aupuni Center Conference Room: Sept,3,6 and 30.And Oct.9, 16 and 31—Gotta make reservations quick since it's in, high demand. For State Building: Sept.3, 5, 6, 9, 10, 13, 16, 17, 19, 23 and 30. And Oct.3,4, 7, 11, 15, 21, 22, 23,24,25,28 and 31. From: Arai, Daryn Sent: Friday,August 09, 2013 4:45 PM To: Darrow, Jeff; Fujimoto, Phyllis; Cottle, Maija; Nomura, Sharon; Hata-Finley, Sarah; Kanuha,Duane; Command, Bobby; Ley, Rachelle Subject: Connections Pre-Hearing Conference Hello everyone. Presiding officer Sandra Song has scheduled the Connection Pre-Hearing Conference on Thursday, August 22 at 11:00am in our Planning Conference Room. SPP No. 12-000138 Page No. 003527 1 will attend just for scheduling purposes, but will not actively participate in the proceedings. This is really between the parties to figure out the scope of the hearing,the dates,and the witnesses and exhibits to be presented. Sharon, please check for me current room availability for Aupuni Center for the month of September and October. We should also look at State Building too. Once they set the hearing date,we should be reserving the rooms. Thanks Daryn SPP No. 12-000138 Page No. 003528 From: Sapdra Song To, "Darrgw.3eff "teff comes":"I'ulimotg.Phvlli9":"Ted Hang":"Gina.M.Lunl0i+awnii.pov "Stebbins.Molly"; "Self.Amy":"CaTter.K.Slu(1¢.hawall.00y'I"cidfuke0hawn5antel.net" Cc: "Daren Arai" Subject: Contested Case Pre-Hearing conference re:Connections New Century Public Charter School/CBESS Special Permit Appl No.12-000138 Date: Wednesday,August 21,2013 1:19:00 PM I am writing to all of you to provide you with the following outline of the proposed agenda for the prehearing conference set for tomorrow,August 22, 2013 at 11:00 a.m, to be held in the Planning Department conference room: 1. Setting the hearing date(s). Please be prepared to provide an estimate of the length of this hearing. As of last week,the following dates were available at the State Building conference room:September 3, 5,6, 10,13,16, 17, 19 and 23, and October 3, 4, 7, 11, 15, 21,22, 23, 24,25, 28 and 31. Also, the Aupuni Center conference room was available on October 6 and 30; 2. Setting a deadline for any objections to the existing Planning Commission record(it is my understanding that copies of this record identified as page nos. 1 through 2205 have been made for each of the parties to this proceeding); 3. Setting a deadline for submission of exhibit lists and exchange of exhibits; 4. Setting a deadline for submission of witness lists; 5. Setting a deadline for filing any motions; 6. Setting a deadline for submission for any legal memoranda; 7. Whether any party desires to submit written testimony, and if so, the deadlines for submission of written testimony(note:all witnesses testifying by written testimony must be available at the hearing for cross-examination); S. Setting a deadline for submission of any requests for issuance of subpoenas(note: PC Rule 4-14(b)requires the request to be at least 5 working days prior to the hearing); 9. Conduct of the hearing, including, public testimony and the recordation of the proceeding; and 10. Explanation of post hearing procedures. Please let me know if any of you wish to add any other matters to this agenda. I look forward to meeting with you tomorrow. Sandra P.Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel:(808)933-9212 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If SPP No. 12-000138 Page No. 003529 you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003530 From: Daren Arai To: 5aQdCg5gIIp9Dhawa1'nnte1.net subjectRE:ConneLtons hearing dates Date: Wednesday,August 21,2613 1:33:59 PM Sure,will work on it From: Sandra Song [mailto:sandrasong@hawaiiantel.net] Sent Wednesday, August 21, 2013 1:22 PM To: 'Daryn Arai' Subject: Connections hearing dates Daryn, Is it possible for Sharon to double check the availability of hearing dates prior to our pre-hearing conference tomorrow. I went through the list before I sent it on to remove any date that I was not available. Thanks, Sandy Sandra P.Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel:(808)933-9212 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003531 From: Aral Daryn To: sandrasonaftawaliiantel.net Subject: FW:Connecdons Pre-Hearing Canrerence Date: Wednesday,August 21,2013 2A0:39 PM Sandy, Here are the updates. For Aupuni Center Conference Room: Sept, 3(7a-5p only),6 and 30 And Oct. 9, 16 and 31. For State Building: Sept.3, 5,6, 9, 10, 13, 16,17,23 and 30. And Oct.3, 7, 11, 15,21,22,23,24,25,28 and 31. Due to HCPO Conference on September.1S thru 20,would prefer to avoid that week if possible. Thanks Daryn From: Nomura, Sharon Sent: Wednesday, August 21, 2013 1:48 PM To: Arai, Daryn Subject: RE:Connections Pre-Hearing Conference County Building all is okay,except on Sept. 3 it's avaiiable only from 7 to 5, not any later. Courtney reserved all the dates for me and I have to let her know what we decide next week Monday. State Building all okay,except for Oct,4`�. _-_---------------- __............ ._-- _ ._ __.._....-.-._._.. -_. From: Arai, Daryn Sent: Wednesday, August 21, 2013 1:35 PM To: Nomura,Sharon Subject: FW: Connections Pre-Hearing Conference Sharon, Sorry about this,but could you update this list? From: Nomura, Sharon Sent: Monday,August 12, 2013 9:48 AM To:Arai, Daryn Subject: RE: Connections Pre-Hearing Conference For Aupuni Center Conference Boom: SPP No. 12-000138 ` Page No. 003532 Sept, 3,6 and 30.And Oct.9, 16 and 37 —Gotta make reservations quick since it's in high demand For State Building: Sept. 3,S, 6, 9, 10, 13,16, 17,19, 23 and?D. And Oct.3, 4, 7, 11, 1S, 21, 22,23, 24,2S,28 and 31. From: Arai, Daryn Sent: Friday,August 09, 2013 4:45 PM To: Darrow,Jeff; Fujimoto, Phyllis; Cottle, Maija; Nomura, Sharon; Hata-Finley, Sarah; Kanuha, Duane; Command, Bobby; Ley, Rachelle Subject: Connections Pre-Hearing Conference Hello everyone. Presiding officer Sandra Song has scheduled the Connection Pre-Hearing Conference on Thursday, August 22 at 11:00am in our Planning Conference Room. I will attend just for scheduling purposes,but will not actively participate in the proceedings. This is really between the parties to figure out the scope of the hearing, the dates,and the witnesses and exhibits to be presented. Sharon, please check for me current room availability for Aupuni Center for the month of September and October. We should also 400k at State Building too. Once they set the hearing date,we should be reserving the rooms. Thanks Daryn SPP No. 12-000138 Page No. 003533 From: Ted Hong To, ca ndraWnn(a]hawailanteLnet Subject: Re:Contested Case Pre-Hearing conference re:Connecbons New Century PutRlc Charter School/CBFSS Special Permit Appl No. 12-000138 Date: Thursday,August 22,2013 9:47:26 AM Attachments: CBESSLeLterSonaQ8222013.nd Please find attached, my response to your request. Thanks On Wed, Aug 21, 2013 at 1:19 PM, Sandra Song <5andrasQng0hawai6antel.net> wrote: I am writing to all of you to provide you with the following outline of the proposed agenda for the prehearing conference set for tomorrow, August 22, 2013 at 11:00 a.m. to be held in the Planning Department conference room; 1. Setting the hearing date(s). Please be prepared to provide an estimate of the length of this hearing. As of last week, the following dates were available at the State Building conference room; September 3, 5, 6, 10, 13, 16, 17, 19 and 23, and October 3, 4, 7, 11, 15, 21, 22, 23, 24, 25, 28 and 31. Also, the Aupuni Center conference room was available on October 6 and 30; 2. Setting a deadline for any objections to the existing Planning Commission record (it is my understanding that copies of this record identified as page nos. 1 through 2205 have been made for each of the parties to this proceeding); 3. Setting a deadline for submission of exhibit lists and exchange of exhibits; 4. Setting a deadline for submission of witness lists; 5. Setting a deadline for filing any motions; 6. Setting a deadline for submission for any legal memoranda; 7. Whether any party desires to submit written testimony, and if so, the deadlines for submission of written testimony (note: all witnesses testifying by written testimony must be available at the hearing for cross-examination); 8. Setting a deadline for submission of any requests for issuance of subpoenas (note: PC Rule 4-14(b) requires the request to be at least 5 working days prior to the hearing); 9. Conduct of the hearing, including, public testimony and the recordation of the proceeding; and 10. Explanation of post hearing procedures. SPP No. 12-000136 Page No. 003534 Please let me know if any of you wish to add any other matters to this agenda. I look forward to meeting with you tomorrow. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: (808) 933-9212 Fax: (808) 935-4853-4853 WARNING; This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or : authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 ` Page No.003535 From: Sandra Snnn To: "Darrow. lefP':"teff names":"Fiftimotn.-Phyllis":"Ted Hong" "r,Ina.M.t.um bawaii.g 1yC;"Stebbins.Molly": Self.Amy";"Carter.K. sCalhawaii.arsv":"sidfiikP0hawaiiantel,nrt" Cc: "Darin Arai" Subfecc: FIN:Contested Case Fre-Hearing conference re:Connections New Century Public Charter School/CBFSS Spedal Permit Appl No. 12-000130 Date: Thursday,August 22,2013 9:59:00 AM Attachments: Attached you will find a copy of a letter I received today from Ted Hong. In the future, any correspondence should be addressed to all of the parties; not Just the hearing officer, I do want any Objection being made as to ex parte communications. Also, i trust that all parties will be participating in the pre-hearing conference later this morning. Thank you all for your cooperation in this case. Sandra P.Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel:(808)933-9212 Fax: (8a8)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. if you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system.Thank you. From:Ted Hong [mal Ito:ted@tedhonglaw,corn] Sent: Thursday,August 22, 2013 9:47 AM To: sandrasong@hawaliantel.net Subject: Re: Contested Case Pre-Hearing conference re: Connections New Century Public Charter School/CRESS Special Permit Appl No. 12-000138 Please find attached, my response to your request. Thanks On Wed, Aug 21,2013 at 1:19 PM, Sandra Song<sandrasong r)hawaiiantel.net> wrote: I am writing to all of you to provide you with the following outline of the proposed agenda for the prehearing conference set for tomorrow, August 22, 2013 at 11:00 a.m.to be held in the Planning Department conference room: 1. Setting the hearing date(s). Please be prepared to provide an estimate of the length of this hearing. As of last week, the following dates were available at the State Building SPP No. 12-000138 ' Page No.003536 conference room: September 3, 5, 6, 10, 13, 16, 17, 19 and 23, and October 3,4, 7, 11, 15, 21, 22,23,24,25, 28 and 31. Also, the Aupuni Center conference room was available on October 6 and 30; 2. Setting a deadline for any objections to the existing Planning Commission record(it is my understanding that copies of this record identified as page nos. 1 through 2205 have been made for each of the parties to this proceeding); 3. Setting a deadline for submission of exhibit lists and exchange of exhibits; 4. Setting a deadline for submission of witness lists; 5. Setting a deadline for tiling any motions; 6. Setting a deadline for submission for any legal memoranda; 7. Whether any party desires to submit written testimony, and if so, the deadlines for submission of written testimony (note: all witnesses testifying by written testimony must be available at the hearing for cross-examination); 8. Setting a deadline for submission of any requests for issuance of subpoenas(note: PC Rule 4-14(b) requires the request to be at least 5 working days prior to the hearing); 4. Conduct of the hearing, including, public testimony and the recordation of the proceeding; and 10. Explanation of post hearing procedures. Please let me know if any of you wish to add any other matters to this agenda. I look fonvard to meeting with you tomorrow. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, H[ 96720 Tei: (808)933-9212 Fax: 935-4851 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient,any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003537 From: Sandra Song To: "ipff games":"Ted}long":"Self, ;"Carter.K.Cnu@hawalmjay":" ' ;"Darrow.teff' Ce: "Damn Arai":"Darrow. )P f' Subject connections New Century Public Charter5fiooIJCBE55 special Permit Applifation No. 12-DOD138 Date: Thursday,August 22,2013 4:47:00 PM Attachments: Planning CommMinn Witnrcc I Ost Q01.ndf This is to confirm matters discussed at the pre-hearing conference held this morning regarding the above-referenced case, and to provide additional direction to the parties. The following parties were present at this pre-hearing conference: Ted Hong representing applicant Community Based Education Support Services;Carter Siu, Deputy Attorney General representing applicant Connections New Century Public Charter School(via phone); Amy Self, Deputy Corporation Counsel,representing the County Planning Director; and Jeff Gomes,intervenor. Also present were Sue Leeloy and Glen Sonoda (via phone) assisting Ted Hong,John Thatcher from Connections Charter School,loan Derbyshire, board president of Community Based Education Support Services, Layne Novak, secretary for the Kau mana community association,Sidney Fuke assisting Jeff Gomes, and Jeff Darrow and Daryn Arai,staff to the Planning Commission. Based upon the discussion at our meeting, the subject contested case will be held as follows: 1. The contested case hearing will be held on October 21 and 22,2013, with the hearing to commence at 9:00 a.m. each day. We will end the hearing no later than 5:00 p.m,each day. All parties have agreed that this contested case hearing should be completed within two days. 2. 1 have retained Island Court Reporting to provide a transcript of the proceeding. Each party will be responsible for purchasing their own copy of the transcript from Island Court Reporting. You will be able to make arrangements regarding the purchase of your transcript with the court reporter at the hearing. 3. After the close of the hearing each party will be required to submit to me proposed findings of fact and conclusions of law. Each of the proposed findings is to be supported by the appropriate page of the record or the hearing transcript. The deadline for submission of proposed findings of fact will be set at the end of the hearing. 4. Each of the parties acknowledged that they are in possession of a copy of the existing Planning Commission record, consisting of 2205 pages. The parties will have two weeks,or until September 5, 2013, to provide me with any written objections they may have to any portion(s)of the retard. AH objections should reference the specific page(s) that are sought to be deleted. Any response to objections shall be submitted to me no later than September 12, 2413. 1 will provide the parties with my decision on this issue by September 24,2013. The record, as amended,will be included as part of the record in this proceeding, and the parties may refer to the record in lieu of submitting duplicate copies of documents as separate exhibits. 5. The deadline for submission of witness lists,exhibit lists and the exchange of exhibits is October 4, 2013. The parties must insure that opposing parties actually receive these documents by this deadline. I have attached pdf copies of form exhibit and witness lists for your use. The Planning Commission staff will also e-mail writable versions of these forms to you. I ask that the parties use these form in this case. SPP No. 12-000138 " r Page No.003538 6. The deadline for submission of any motions in this case is October 11,2013. However, the parties are encouraged to file any motions they may have as early as possible. Memoranda in opposition to any motion shall be submitted to me and served on all parties within 7 days after being served with the motion. If sufficient time is available prior to the hearing, the party filing the motion may file a reply memorandum within S days of receipt of a memorandum in opposition.Reply memorandums shall not exceed 5 pages in length. Since the hearing in this matter is set to begin on October 21,2013, any motion filed after October 7, 2013 will be ruled on at the beginning of the hearing on October 21, 2013, 7. All requests for subpoenas,together with the proposed subpoenas to be issued are to be submitted to me no later than October 4, 2013. The party requesting the subpoena will be responsible for serving the subpoena on the witness named in the subpoena and paying any required witness and mileage fees to the witness(See PCR Rule 4-14(e)). B. 4f any party chooses to file a pre-hearing memorandum or brief,the deadline for submission of such brief or memorandum is October 17,2013, 9, All documents submitted to me may either be submitted by delivery to my office or via e- mail transmission. Service on all parties may also be either by delivery of a hard copy or by e-mail transmission The service of any document on any party shall be considered complete only when it is received by the party. For example,if a deadline of October 4 is set for service on any party,the party must receive the document by that day. 10. As required by law,I will allow public testimony before the hearing begins each day, but will strictly limit such public testimony to no more than 2 minutes per speaker. Also,if public testimony becomes cumulative,the cumulative testimony may not be permitted. 11. it should be pointed out that under the Planning Commission rules(PCR Rule 4-18(g)),an original plus 15 copies of all exhibits are to be submitted to the presiding officer,with a copy to each party. I can find no comparable Planning Commission rule regarding the submission of other documents. I will be discussing this issue with the Planning Commission staff to see if it is necessary for you to submit 15 copies of all exhibits. 12. The witness exclusion rule will apply to this case. This means that any witness who is intended to testify must wait outside of the hearing room until that witness is called to testify. Once the testimony of the witness has been completed I will permit the witness to remain as an observer at the hearing provided that all parties agree to allowing the witness to remain in the hearing room. 13. A request was made by Ted Hong to conduct discovery in this case, specifically production of documents. Although discovery is permitted under the Hawaii Rules of Civil Procedure in civil cases filed in court,HRS Chapter 91 does not provide for discovery in a contested case. Nor,is discovery permitted by the Planning Commission Rules. Likewise, I know of no authority which requires discovery in a contested case proceeding. Therefore,I will not authorize any discovery in this contested case proceeding. If, however, any party wishes to conduct discovery and can provide me with a motion showing there is legal authority which requires discovery in a contested case, I will reconsider my decision on this matter. Thank you for your cooperation. Also, please feel free to contact me if any of you would like to have another pre-hearing conference in this case. Sandy Song SPP No. 12-000138 Page No. 003539 Sandra P.Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel:(808)933-9212 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, andlor exempt from disciosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003540 From: Dpnin Aral To: "Jeff acmes"_:"Tari Hnno "Self.Amy";raftr_K_Sivahawaii.anv CC aandra no0hawaiianteLnet; ; Subject: RE:Connecdons New Century Public Charte-SchooIJC6ESS Special Permit Application No. 12-000138 Date: Tuesday,September 03,2013 12:10:20 PM Attachments: FxhJKt I iet Tamnla4p doc Witness I Ist TemptAte.dor Good afternoon,everyone. Please Find attached electronic versions of the Exhibit and Witness List Forms for your use. Daryn Daryn S. Aral County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96724 Phone., {808) 961-8142 Fax: (808)961-8742 email: dara'2co.hawai0.hi.us "Hawai'i County is an equal opportunityprovider and employer" From: Sandra Song [mailto:sandrasong@hawaiiantel.net] Sent:Thursday,August 22, 2013 4:47 PM To: 'Jeff gomes'; Ted Hong'; 'Self, Amy'; Carter.K.Slu@hawaii.gov; sldfuke@hawaiiantel.net; 'Darrow, Jeff Cc: 'Daryn Arai'; 'Darrow, Jeff Subject: Connections New Century Public Charter5chool/CRESS Special Permit Application No. 12- 000136 This is to confirm matters discussed at the pre-hearing conference held this morning regarding the above-referenced case, and to provide additional direction to the parties. The following parties were present at this pre-hearing conference: Ted Hong representing applicant Community Based Education Support Services;Carter Siu, Deputy Attorney General representing applicant Connections New Century Public Charter school(via phone);Amy Self, Deputy Corporation Counsel, representing the County Planning Director;and Jeff Games,intervenor. Also present were Sue Leeloy and Glen Sonoda(via phone)assisting Ted Hong,John Thatcher from Connections Charter School,Joan Derbyshire, board president of Community Based Education Support Services, Layne Novak, secretary for the Kaumana community association,Sidney Fuke assisting Jeff Gomes,and Jeff Darrow and Daryn Arai,staff to the Planning Commission. Based upon the discussion at our meeting,the subject contested case will be held as follows: 1. The contested case hearing will be held on October 21 and 22,2013, with the hearing to commence at 9:00 a.m. each day, We will end the hearing no later than 5:00 p,m,each day. All parties have agreed that this contested case hearing should be completed within two days. -SPP No. 12-000138 Page No.003541 2. 1 have retained Island Court Reporting to provide a transcript of the proceeding. Each party will be responsible for purchasing their own copy of the transcript from Island Court Reporting. You will be able to make arrangements regarding the purchase of your transcript with the court reporter at the hearing. 3. After the close of the hearing each party will be required to submit to me proposed findings of fact and conclusions of law. Each of the proposed findings is to be supported by the appropriate page of the record or the hearing transcript. The deadline for submission of proposed findings of fact will be set at the end of the hearing. 4. Each of the parties acknowledged that they are in possession of a copy of the existing Planning Commission record,consisting of 2205 pages. The parties will have two weeks,or until September 5, 2013, to provide me with any written objections they may have to any portion(s) of the record. All objections should reference the specific page(s) that are sought to be deleted. Any response to objections shall be submitted to me no later than September 12, 2013. 1 will provide the parties with my decision on this issue by September 20,2013. The record, as amended,will be included as part of the record in this proceeding, and the parties may refer to the record in lieu of submitting duplicate copies of documents as separate exhibits. S. The deadline for submission of witness lists,exhibit lists and the exchange of exhibits is October 4, 2013. The parties must insure that opposing parties actually receive these documents by this deadline, I have attached pdf copies of form exhibit and witness lists for your use. The Planning Commission staff will also e-mail writable versions of these forms to you. I ask that the parties use these form in this case. 6. The deadline for submission of any motions in this case is October 11, 2013. However, the parties are encouraged to file any motions they may have as early as possible. Memoranda in opposition to any motion shall be submitted to me and served on all parties within 7 days after being served with the motion. If sufficient time is available prior to the hearing, the party filing the motion may file a reply memorandum within 5 days of receipt of a memorandum in opposition. Reply memorandums shall not exceed 5 pages in length. Since the hearing in this matter is set to begin on October 21, 2013, any motion filed after October 7, 2013 will be ruled on at the beginning of the hearing on October 21,2013. 7. All requests for subpoenas, together with the proposed subpoenas to be issued are to be submitted to me no later than October 4, 2013. The party requesting the subpoena will be responsible for serving the subpoena on the witness named in the subpoena and paying any required witness and mileage fees to the witness(See PCR Rule 4-14(e)). 8. If any party chooses to file a pre-hearing memorandum or brief, the deadline for submission of such brief or memorandum is October 17,2013. 9. All documents submitted to me may either be submitted by delivery to my office or via e- mail transmission. Service on all parties may also be either by delivery of a hard copy or by e-mail transmission. The service of any document on any party shall be considered complete only when it is received by the party. For example, if a deadline of October 4 is set for service on any party, the party must receive the document by that day. 10. As required by law, I will allow public testimony before the hearing begins each day, but 1 wN strictly limit such public testimony to no more than 2 minutes per speaker. Also, if public testimony becomes cumulative,the cumulative testimony may not be permitted. 11. It should be pointed out that under the Planning Commission rules JPCR Rule 4-18(g)), an SPP No. 12-000138 Page No. 003542 original plus 15 copies of all exhibits are to be submitted to the presiding officer,with a copy to each party. I can find no comparable Planning Commission rule regarding the submission of other documents. I will be discussing this issue with the Planning Commission staff to see if it is necessary for you to submit 15 copies of all exhibits. 12. The witness exclusion rule will apply to this case. This means that any witness who is intended to testify must wait outside of the hearing room until that witness is called to testify. Once the testimony of the witness has been completed I will permit the witness to remain as an observer at the hearing provided that all parties agree to allowing the witness to remain in the hearing room. 13. A request was made by Ted Hong to conduct discovery in this case,specifically production of documents. Although discovery is permitted under the Hawaii Rules of Civil Procedure in civil cases filed in court,HRS Chapter 91 does not provide for discovery in a contested case. Nor, is discovery permitted by the Planning Commission Rules. Likewise, I know of no authority which requires discovery in a contested case proceeding. Therefore, I will not authorize any discovery in this contested case proceeding. If, however, any party wishes to conduct discovery and can provide me with a motion showing there is legal authority which requires discovery in a contested case, I will reconsider my decision on this matter. Thank you for your cooperation. Also, please feel free to contact me if any of you would like to have another pre-hearing conference in this case, Sandy Song Sandra P.Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel:(808)933-9212 Fax; (808)935-4853 WARNING: This email message and any attachments may contain irdbrmation that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient,any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you, SPP No.-12-000138 Page No. 003543 From, Si iP I"1 nv of TOdHannl aw To; Tpd Hano:sandrasonandhawaiiantel.net:Carter Sju Jeff goes;Self"Amy: 2ma 6W idgrrow Subject-. Re: Connections New Century Public CharterSdwol/CBES Special Permlt Application No. 12.000138 Date: Tuesday,September 03,2613 12:21:10 PM Ms. Song - Our office has reviewed the Planning Record (2205 pages) provided by the Planning Department on the above matter and discovered that our electronic copy (CD) did not include pages 912 to 1226. Could the Planning Department please provided these pages in electronic version? Thank you - Sue On Thu, Aug 22, 2013 at 5:04 PM, Ted Hong <tCd@t2dhgnglaw com> wrote: Please calendar all dates with a one week prior notice. Note the forms attached that she wants us to use. ------ Forwarded message ---------- From: Sandra Song <sandrasong(&hawaiiantel.net> Date: Thu, Aug 22, 2013 at 4:47 PM Subject: Connections New Century Public CharterSchool/CBESS Special Permit Application No. 12-000138 To: jeff gomes < >, Ted Hong <tedna tedhnnq .com>, "Self, Amy" <aselfaco.hawaii.hi-u,;>, Carter,K.Siu(dhawali.gov, sidfukeftawailantel.net, "Darrow, Jeff' <idarroweco.hawail.hi.us> Cc: Daryn Arai < >, "Darrow, Jefr' <idarrow@co.hawaii.hi.us> This is to confirm matters discussed at the pre-hearing conference held this morning regarding the above- referenced case, and to provide additional direction to the parties. The following parties were present at this pre-hearing conference: Ted Hong representing applicant Community Based Education Support Services; Carter Siu, Deputy Attorney General representing applicant Connections New Century Public Charter School (via phone); Amy Self, Deputy Corporation Counsel, representing the County Planning Director; and Jeff Gomes, intervenor. Also present were Sue LeelDy and Glen Sonoda (via phone) assisting Ted Hong, John Thatcher from Connections Charter School, Joan Derbyshire, board president of Community Based Education Support Services, Layne Novak, secretary for the Kaumana community association, Sidney Fuke assisting Jeff Gomes, and Jeff Darrow and Daryn Arai, staff to the Planning Commission. Based upon the discussion at our meeting, the subject contested case will be held as follows: 1. The contested case hearing will be held on October 21 and 22, 2013, with the hearing to commence at 9:00 a.m. each day. We will end the hearing no later than 5:00 p.m. each day. All parties have agreed that this SPP-No.12-000138 Page No. 003544 contested case hearing should be completed within two days. 2. I have retained Island Court Reporting to provide a transcript of the proceeding, Each party will be responsible for purchasing their own copy of the transcript from Island Court Reporting. You will be able to make arrangements regarding the purchase of your transcript with the court reporter at the hearing. 3. After the close of the hearing each party will be required to submit to me proposed findings of fact and conclusions of law. Each of the proposed findings is to be supported by the appropriate page of the record or the hearing transcript. The deadline for submission of proposed findings of fact will be set at the end of the hearing. 4. Each of the parties acknowledged that they are in possession of a copy of the existing Planning Commission record, consisting of 2205 pages. The parties will have two weeks, or until September 5, 2013, to provide me with any written objections they may have to any portion(s) of the record. All objections should reference the specific page(s) that are sought to be deleted. Any response to objections shall be submitted to me no later than September 12, 2013. I will provide the parties with my decision on this issue by September 20, 2013. The record, as amended, will be included as part of the record in this proceeding, and the parties may refer to the record in lieu of submitting duplicate copies of documents as separate exhibits. 5. The deadline for submission of witness lists, exhibit lists and the exchange of exhibits is October 4, 2013. The parties must insure that opposing parties actually receive these documents by this deadline. I have attached pdf copies of form exhibit and witness lists for your use. The Planning Commission staff will also e-mail writable versions of these forms to you. I ask that the parties use these form in this case. 6. The deadline for submission of any motions in this case is October 11, 2013. However, the parties are encouraged to file any motions they may have as early as possible. Memoranda in opposition to any motion shall be submitted to me and served on all parties within 7 days after being served with the motion. If sufficient time is available prior to the hearing, the party filing the motion may file a reply memorandum within 5 days of receipt of a memorandum in opposition. Reply memorandums shall not exceed 5 pages in length. Since the hearing in this matter is set to begin on October 21, 2013, any motion filed after October 7, 2013 will be ruled on at the beginning of the hearing on October 21, 2013. 7. All requests for subpoenas, together with the proposed subpoenas to be issued are to be submitted to me no later than October 4, 2013. The party requesting the subpoena will be responsible for serving the subpoena on the witness named in the subpoena and paying any required witness and mileage fees to the witness (See PCR Rule 4-14(e)). 8. If any party chooses to file a pre-hearing memorandum or brief, the deadline for submission of such brief or memorandum is October 17, 2013. 9. All documents submitted to me may either be submitted by delivery to SPP No. 12-000138 Page No.003545 my office or via e-mail transmission. Service on all parties may also be either by delivery of a hard copy or by e-mail transmission. The service of any document on any party shall be considered complete only when it is received by the party. For example, if a deadline of October 4 is set for service on any party, the party must receive the document by that day. 10. As required by law, I will allow public testimony before the hearing begins each day, but I will strictly limit such public testimony to no more than 2 minutes per speaker. Also, if public testimony becomes cumulative, the cumulative testimony may not be permitted. 11. It should be pointed out that under the Planning Commission rules (PCR Rule 4-18(g)), an original plus 15 copies of all exhibits are to be submitted to the presiding officer, with a copy to each party. I can find no comparable Planning Commission rule regarding the submission of other documents. I will be discussing this issue with the Planning Commission staff to see if it is necessary for you to submit 15 copies of all exhibits. 12. The witness exclusion rule will apply to this case. This means that any witness who is intended to testify must wait outside of the hearing room until that witness is called to testify. Once the testimony of the witness has been completed I will permit the witness to remain as an observer at the hearing provided that all parties agree to allowing the witness to remain in the hearing room. 13. A request was made by Ted Hong to conduct discovery in this case, specifically production of documents. Although discovery is permitted under the Hawaii Rules of Civil Procedure in civil cases filed in court, HRS Chapter 91 does not provide for discovery in a contested case. Nor, is discovery permitted by the Planning Commission Rules. Likewise, I know of no authority which requires discovery in a contested case proceeding. Therefore, I will not authorize any discovery in this contested case proceeding. If, however, any party wishes to conduct discovery and can provide me with a motion showing there is legal authority which requires discovery in a contested case, I will reconsider my decision on this matter. Thank you for your cooperation. Also, please feel free to contact me if any of you would like to have another pre-hearing conference in this case. Sandy Song Sandra P. Song Attorney at Law 10 Kamehameha Ave. SPP No. 12-000136 Page No. 003546 Hilo, HI 96720 Tel: (808) 933-9212 Fax: (808) 935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. Sue Lee Loy, Legal Assistant Law Office of Ted Hong, Esq. Tel:808.933.1919 email:sue.leeloyft otma i I.corn Please consider the environment before printing this email, This email may contain information that is strictly confidential. The contents of this email are intended only for the recipient(s) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges, SPP No. 12-000138 Page No. 003547 From: Daren Aral To: sandrasorx:@hawaliantel.net Cc, "Darrow.3erP' Subject: RE:Connections New Century Public CharterSchooi/CBM Special Permit Application No. 12.000138 Gate: Tuesday,September 03,2813 12:45:02 PM We will make contact with Mr. Hong's office to rectify this matter. Sorry about this. Daryn Daryn S. Arai County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (808)961-8142 Fax: (608)961-13742 email: darairnlrn_hawali.hi.rrs "Hawai'i County is an equal opportunity provider and employer" From: Sandra Song [malito:sandrasong@hawaiiantel.net] Sent:Tuesday,September 03, 2013 12:26 PM To: 'Daryn Arai'; 'Darrow, Jeff Subject: FW: Connections New Century Public CharterSchool/CBESS Special Permit Application No. 12- 000138 Daryn and Jeff, Can you please provide the missing pages to Ted Hong's office. I checked my copy and I have these pages,so maybe its only Ted's Copy. Thanks so much, Sandy Sandra P.Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: (808)933-9212 Fax:(808)93S-4883 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. if you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003548 From: Sue Lee Loy of TedHongLaw[mailto:sueatedhonalaw.com] Sent: Tuesday, September 03, 2013 12:21 PM To:Ted Hong; ; Carter Slu; jeff gomes; Self, Amy; Daryn Arai;jdarrow Subject; Re: Connections New Century Public Charter5choolJCBESS Special Permit Application No. 12- 000138 Ms. Song- Our office has reviewed the Planning Record (2205 pages) provided by the Planning Department on the above matter and discovered that our electronic copy (CD)did not include pages 912 to 1226, Could the Planning Department please provided these pages in electronic version? Thank you - Sue On Thu, Aug 22,2013 at 5:04 PM, Ted Hong<ted4ledhong .cam> wrote: Please calendar all dates with a one week prior notice. Note the forms attached that she wants us to use. ---------- Forwarded message ---------- From: Sandra Song<sanslrasongnha%yaiiantel.nei> Date: Thu, Aug 22,2013 at 4:47 PM Subject. Connections New Century Public CharterSchool/CBESS Special Permit Application No. 12-000138 To:jeff gomes<kalani rig mes4hawaiiantel.net>, Ted Hong<tedna tedhoag aw.com>, "Self, Amy" <Asr,}faco.hawaii.hLusy, Carter.K.Siu&ha►vajLgav, sidfuken_.hawaiiantel.net. "Darrow, Jeff' <jdarrowoco,hawaii.hims < > Cc: Daryn Arai >, "Darrow, Jeff' < darrrnvnco,hawaii.hi.us> This is to confirm matters discussed at the pre-hearing conference held this morning regarding the above- referenced case, and to provide additional direction to the parties. The following parties were present at this pre-hearing conference: Ted Hong representing applicant Community Based Education Support Services; Carter Siu, Deputy Attorney General representing applicant Connections New Century Public Charter School (via phone); Amy Self. Deputy Corporation Counsel, representing the County Planning Director; and Jeff Gomes, intervenor. Also present were Sue Leeloy and Glen Sonoda(via phone) assisting Ted Hong, John Thatcher from Connections Charter School,loan Derbyshire, board president of Community Based Education Support Services, Layne Novak, secretary for the Kaumana community association, Sidney Fuke assisting Jeff Gomes, and Jeff Darrow and Daryn Arai, staffto the Planning Commission. Based upon the discussion at our meeting, the subject contested case will be held as follows: 1. The contested case hearing will be held on October 21 and 22,2013,with the hearing to commence at 9:00 a.m, each day. We will end the hearing no later than 5:00 p.m. each day. All parties have agreed that this contested case hearing should be completed within two days. 2. 1 have retained Island Court Reporting to provide a transcript of the procecding. Each party will be responsible for purchasing their own copy of the transcript from SPP No. 12-000138 Page No.003549 Island Court Reporting. You will be able to make arrangements regarding the purchase of your transcript with the court reporter at the hearing. 3. After the close of the hearing each party wil I be required to submit to me proposed findings of fact and conclusions of law. Each of the proposed findings is to be supported by the appropriate page of the record or the hearing transcript. The deadline for submission of proposed findings of fact will be set at the end of the hearing. 4. Each of the parties acknowledged that they are in possession of a copy of the existing Planning Commission record, consisting of 2205 pages. The parties will have two weeks,or until September 5,2013,to provide me with any written objections they may have to any portion(s) of the record. All objections should reference the specific page(s) that are sought to be deleted. Any response to objections shall be submitted to me no later than September 12,2013. I will provide the parties with my decision on this issue by September 20, 2013. The record, as amended, will be included as part of the record in this proceeding, and the parties may refer to the record in lieu of submitting duplicate copies of documents as separate exhibits. 5. The deadline for submission of witness lists, exhibit lists and the exchange of exhibits is October 4,2013. The parties must insure that opposing parties actually receive these documents by this deadline. I have attached pdf copies of form exhibit and witness lists for your use. The Planning Commission staff will also e-mail writable versions of these forms to you. I ask that the parties use these form in this case. 6. The deadline for submission of any motions in this case is October 11, 2013. However, the parties are encouraged to file any motions they may have as early as possible. Memoranda in opposition to any motion shall be submitted to me and served on all parties within 7 days after being served with the motion. If sufficient time is available prior to the hearing, the party filing the motion may file a reply memorandum within 5 days of receipt of a memorandum in opposition. Reply memorandums shall not exceed 5 pages in length. Since the hearing in this matter is set to begin on October 21,2013, any motion filed after October 7,2013 will be ruled on at the beginning of the hearing on October 21, 2013. 7. Ail requests for subpoenas, together with the proposed subpoenas to be issued are to be submitted to me no later than October 4, 2013. The party requesting the subpoena will be responsible for serving the subpoena on the witness named in the subpoena and paying any required witness and mileage fees to the witness(See PCR Rule 4-14(e)). 8. If any party chooses to file a pre-hearing memorandum or brief, the deadline for submission of such brief or memorandum is October 17, 2013. 9. All documents submitted to me may either be submitted by delivery to my office or via e-mail transmission. Service on all parties may also be either by delivery of a hard copy or by e-mail transmission. The service of any document on any party shall be considered complete only when it is received by the party. For example, if a deadline of October 4 is set for service on any party, the party must receive the SPP No. 12-000138 Page No. 003550 document by that day. 10. As required by law, I will allow public testimony before the hearing begins each day, but I will strictly limit such public testimony to no more than 2 minutes per speaker. Also, if public testimony becomes cumulative, the cumulative testimony may not be permitted. 11, It should be pointed out that under the Planning Commission rules (PCR Rule 4- 18(g)), an original plus 15 copies of all exhibits are to be submitted to the presiding officer, with a copy to each party. I can find no comparable Planning Commission rule regarding the submission of other documents. I wil I be discussing this issue with the Planning Commission staff to see if it is necessary for you to submit 15 copies of all exhibits. 12. The witness exclusion rule will apply to this case. This means that any witness who is intended to testify must wait outside of the hearing room until that witness is called to testify. Once the testimony of the witness has been completed I will permit the witness to remain as an observer at the hearing provided that all parties agree to allowing the witness to remain in the hearing room. 13. A request was made by Ted Hong to conduct discovery in this case, specifically production of documents. Although discovery is permitted under the Hawaii Rules of Civil Procedure in civil cases filed in court, HRS Chapter 91 does not provide for discovery in a contested case. Nor, is discovery permitted by the Planning Commission Rules. Likewise, I know of no authority which requires discovery in a contested case proceeding. Therefore, I will not authorize any discovery in this contested case proceeding. If, however, any party wishes to conduct discovery and can provide me with a motion showing there is legal authority which requires discovery in a contested case, l will reconsider my decision on this matter. Thank you for your cooperation. Also, please feel free to contact me if any of you would like to have another pre-hearing conference in this case. Sandy Song Sandra P.Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: 933-9212 Fax: 4808) 9'ir 5-4953 WARNING: This email message and any attachments may contain information that is privileged, confidential, andlor exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system, Thank you. SPP No. 12-000138 Page No. 003551 From: Sita Lae Env of TedHnnnl aw To: ; drasDna0hawailanteL=-Carter Sw Seg. oarvn Arai;jdatrm;Je((gprnPs;tad Hono Subject: Connections New Century Public CharterkhodJ GESS Special Permit Application No. 12-00013-NOTICE OF NO OBJECTIONS Date: Wednesday,September 04,2013 3:30:45 PM Attachments: NO=of No Qi;i�on t2 apcord odf Hearings Officer Song: Attached please find Applicant CRESS Notice of No Objection to Planning Commission Record. This notice is brought pursuant to the deadline set at the August 22, 2013 pre-hearing conference. The attached document has also been transmitted by postal mail. Sue Lee Loy, Legal Assistant Law Office of Ted Hong, Esq. Tel:808.933.1919 Please consider the environment before printing this email. This email may contain information that is strictly confidential. The contents of this email are intended only for the recipient(s) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges. SPP No. 12-000138 Page No. 003552 From: Kualil.]enni#er Ya: sandraswriChawallantel.net-[armr.K.Slu.aahawauov;tedttedhonalaw.cnm:dara0co.hawali.hi.us:Darrow, la-kalaniaomesrhlhawakantel.net Cc Self.Amy; Subject Connections PCs;SPP-12-400135 Gate: Thursdayr September 05,2013 1:03:32 PM Attachments-, QVane Kanuha.County of Hawial Planninn 1739rectnr"s Notice of Nn rlhIrknin...r f Good Afternoon All: Please find attached: DUANE KANUHA, COUNTY OF HAWAII PLANNING DIRECTOR'S NOTICE OF NO OBJECTION TO PLANNING COMMISSION RECORD; CERTIFICATE OF SERVICE Should you have any questions, please contact our office. Thank you, Jennifer Jennifer M. Kualii, Legal Technician to Michael J. Udovic, Amy G. Self and Nora K. Pinao Deputies Corporation Counsel Office of the Corporation Counsel 333 Kilauea Avenue, 2nd Floor Hilo,HI 96720 Tel. No. (808) 961-8251 Fax No. (808) 961-8622 SPP No. 12-000138 Page No. 003553 From: Kualll_lennifer To: sand[asongnu hawaVantel.net:CartPr.K_I;Iu thawali.00v;tedQtedhonolaw.mm;daralCnlm_hawaii.hi.us;Darrow. l;kalanlnnmesQhawallantet=Odfukeralhawaflantel.net Cc: If-Amv: 'kanuavfalco-hawail.hl.ue Subject: Connections New Century PCS;5PP-12-000138 Date: Thursday,October 03,2013 1:42:28 PM Attachments: Plannl Ppa"ent"s 1 id of 1Ntness,CMI.PDF Plannlpp nanartmanY a I Ig of Fwht hlm,COS.Jn 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 Jennifer M. Kualii, Legal Technician to Michael J. Udovic, Amy G. Self and Noralynne K.Pingo Deputies Corporation Counsel Office of the Corporation Counsel 333 Kilauea Avenue, 2nd Floor Hilo, HT 96720 Tel. No. (808) 961-8251 Fax No. (808) 961-8622 SPP No. 12-000138 Page No. 003554 From: Sandra Sana To: "ted0atedhonalaw.com":_QLtCr.K.5luQhawa€i.g24" "kalaniaomes(Mhawaija Lnet":"sidfuke(ZhawaNantel.nef "Amy Selr' Cr: "darailblrn.hawaii.hLue" "Mirrnw. Teff" Subject Connectlons New Century Public Charter School,SPP 12-000138-issuance of subpoenas Date: Thursday,October 03,2013 4:DS:90 PM Attachments: rpnreged Use Suh=na,nnf Parties, I received a message, taken by my assistant, that Jeff Gomes was asking for information as to the procedure for issuance of subpoenas in the above-referenced case. Accordingly, I am providing all of the parties with the following information regarding the issuance of subpoenas: Section 4-14 of the Planning Commission Rules provides procedure to follow with respect to the subpoena of witnesses and documents. Subsection(a) regarding the subpoena of a witness states "Any request for the issuance of a subpoena,requiring the attendance of a witness for the purpose of taking oral testimony before the Commission,shall be in writing and shall state the reasons why the testimony of the witness is believed to be material and relevant to the issues involved." Likewise,subsection(b)regarding the subpoena of documents provides that"Any request for the issuance of a subpoena for the production of documents or records shall be in writing;shall state the name of the person who is to produce such documents or records;shall specify the particular document or record,or part thereof,desired to be produced;and shall state the reasons why the production thereof is believed to be material and relevant to the issues involved." In accordance with Section 4-14,any of the parties who desire to have subpoenas issued should: 1. Submit the request to me in writing together with a completed form subpoena for each witness. I have attached a sample form subpoena which you may use,or you may use your own form. 2. The request is to include the reasons why the testimony of the witness and/or the production of documents is material and relevant to this case. A subpoena wili not be issued if the party does not include a justification for the testimony and/or the document production. 3. For document production, the name of the person who is to produce the document is to be included in the request. The completed subpoena form together with the written request should be submitted to my office for signature along with a self-addressed envelope for return of the original subpoena to the requesting party for service. If you prefer to pick up the signed original subpoena from my office, please indicate so in your request and my office will call you when the subpoena is ready for pick- up. In accordance with Rule 4-14(d)no blank subpoenas will be issued to any party. Any party requesting issuance of a subpoena shall be responsible for the service of the subpoena and for tendering payment of any fees and costs for production and copying, and for attendance and mileage required by law,unless the party is exempt under the law from the payment of such fees. SPP No. 12-000138 Page No. 003555 After the subpoena is served,the original subpoena signed by the person who served the subpoena, should be submitted to me for inclusion in the record of this case. Also, under Rule 4-4 of the Planning Commission Rules,copies of any written request for the issuance of a subpoena and any issued subpoena are to be served on all parties to this proceeding. Thank you for your cooperation in this matter. Sandra P.Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel:(808)933-9212 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, andlor exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication Is strictly prohibited. If you received this email massage in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003556 From; DAcyn 9pL To: sandrasonora?hawaiiantei.net Cc* "Masunaaa.Maroaree Subject., RE:Subpoena Form for connections Charter School hearing Date: Thursday,October 03,2013 1:17:07 AM Sandy, The form looks fine to me. More detailed than others that have been served upon me from time to time. Margaret, please review and let Sandy know if the county would have no objection to the adoption and use of this form, Thanks for putting this together, Sandy! Daryn ........... ...... ....... .... From: Sandra Song [maiito:sandrasong@hawailantel.net] Sent: Thursday,October 03, 2013 12:36 PM To: 'Darya Arai' Cc: 'Masunaga, Margaret Subject: Subpoena Form for Connections Charter School hearing Daryn, Since no one seemed to have a subpoena form for a contested case hearing, I made one up using a form used by the AG's office for contested case child support hearings. Since I was making a general form, I included designation of both windward and leeward planning commissions. Since Margaret is counsel for the Planning Commission, I am also sending her a copy of the form. FYI, I'm not computer savvy enough to convert this form into a writable document, but at least it can be filled in and submitted for issuance, and it looks official. So if you like the form you can use it in other cases. Please let me know if the subpoena is okay and I will send it out with instructions to all of the parties in the Connections case. I will still be asking the parties to comply with Planning Commission Rule 4- 14 by providing a written request for the issuance of the subpoena including the testimony of the witness and/or the documents is believed to be material and relevant to the issues involved,as well as the completed subpoena form. Looking forward to hearing from you, Sandy Sandra P.Song Attorney at Law 10 Kamehameha Ave. SPP No. 12-000138 Page No. 003557 Hilo, HI 96720 Tel:(808)933-9212 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of thls communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003558 From: Sandra Sona To: "tedraltedhonplaw.com":Tnar.K.Shf0hawaml.coy" "kalantoorneinhawaiiantel.net";`sldhrkerahawallantel.ner_� "Amy Self" Cc: •;;Q,lrrow.]eff" Subject: Connections New Century Public Charter School,SPP 12-000138-issuance of subpoenas Date: Thursday,October 03,2013 4;05:00 PM Attachments, rnntected Case ei ibnoena_nd Parties, I received a message,taken by my assistant,that Jeff Gomes was asking for information as to the procedure for issuance of subpoenas in the above-referenced case. Accordingly, I am providing all of the parties with the following information regarding the issuance of subpoenas: Section 4-14 of the Planning Commission Rules provides procedure to follow with respect to the subpoena of witnesses and documents. Subsection(a) regarding the subpoena of a witness states "Any request for the issuance of a subpoena, requiring the attendance of a witness for the purpose of taking oral testimony before the Commission, shall be in writing and shall state the reasons why the testimony of the witness is believed to be material and relevant to the issues involved." Likewise,subsection(b)regarding the subpoena of documents provides that"Any request for the issuance of a subpoena for the production of documents or records shall be in writing;shall state the name of the person who is to produce such documents or records;shall specify the particular document or record,or part thereof,desired to be produced;and shall state the reasons why the production thereof is believed to be material and relevant to the issues involved." In accordance with Section 4-14,any of the parties who desire to have subpoenas issued should: 1. Submit the request to me in writing together with a Completed form subpoena for each witness. I have attached a sample form subpoena which you may use,or you may use your own form. 2. The request is to include the reasons why the testimony of the witness and/or the production of documents is material and relevant to this case. A subpoena will not be issued if the party does not include a justification for the testimony and/or the document production. 1 For document production, the name of the person who is to produce the document is to be included in the request. The completed subpoena form together with the written request should be submitted to my office for signature along with a self-addressed envelope for return of the original subpoena to the requesting party for service. If you prefer to pick up the signed original subpoena from my office, please indicate so in your request and my office will call you when the subpoena is ready for pick- up. In accordance with Rule 4-14(d)no blank subpoenas will be issued to any party. Any party requesting issuance of a subpoena shall be responsible for the service of the subpoena and for tendering payment of any fees and costs for production and copying,and for attendance and mileage required by law,unless the party is exempt under the law from the payment of such fees. SPP No. 12-000138 Page No.003559 After the subpoena is served,the original subpoena signed by the person who served the subpoena, should be submitted to me for inclusion in the record of this case. Also, under Rule 4-4 of the Planning Commission Rules,copies of any written request for the issuance of a subpoena and any issued subpoena are to be served on all parties to this proceeding. Thank you for your cooperation in this matter. Sandra P.Song Attorney at taw 10 Kamehameha Ave. Hilo, HI 96720 Tel:(808)933-9212 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please Immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003560 From: Sandra Sana TO: "Daren Aral" cc: "Masunma.Marrsacc Subject: Subpoena Form for connections Charter School hearing Date: Thursday,Ocbaber 03,2013 12:36:00 PM Attachments: Contested Case subooena.Ddf Daryn, Since no one seemed to have a subpoena form for a contested case hearing, I made one up using a form used by the AG's office for contested case child support hearings. Since i was making a general form, I included designation of both windward and leeward planning commissions. Since Margaret is counsel for the Planning Commission, I am also sending her a copy of the form. FYI, I'm not computer savvy enough to convert this form into a writable document,but at least it can be filled in and submitted for issuance, and it looks official. So if you like the form you can use it in other cases. Please let me know if the subpoena is okay and I will send it out with instructions to all of the parties in the Connections case. I will still be asking the parties to comply with Planning Commission Rule 4- 14 by providing a written request for the issuance of the subpoena including the testimony of the witness and/or the documents is believed to be material and relevant to the issues involved,as well as the completed subpoena form. Looking forward to hearing from you, Sandy Sandra P.Song Attorney at Law 10 Kamehameha Ave. Hilo, FII 96720 Tel:(808)933-9212 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you, SPP No. 12-000138 - Page No.003561 From: JLff O>Mnz To: smdrasonnLShawaiiantel.net Cc: Carter.K.Shi0hawaii.aav;tcd*tedhnnalaw.rnrn Subject EXHIBIT 17 Date: Friday,October X14,2D13 2:47:29 AM Attachments: SPACE has UmQ to shane un Ham-Tribune Herald.odf Jeff Games Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahiwa Street #1 Kea`au, HI 96749 (808) 987-6488 www.hawallbookmarks.com SPP No. 12-000138 Page No. 003582 From: jcfr Comes To., sandrasonaftawaflantal.nat Cc: Carter K.SIuftawail.nov;asMff¢lm.havra'i,hi.ua ¢ Subject: USC OF EXHIBITS Date: friday,October D4,2013 11:27;30 AM Attachments: Lf7E PAGE 2.d= LOP PAGE l.d= Jeff Gomes Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahiwa Street #1 Kea`au, HI 96749 (808) 987-6488 www.hawaiibookmarks.com SPP No. 12-000138 Page No. 003563 From: pff ao:npS To: sandrasonoohawaliantel.net Cc: Carter.K.Slu0hawall.aoy;aselff3ro.hawall.hl.us; Subject; 115T OF EXHIB1T5 REVISED Date: Friday,October 04,2013 11:38:53 AM Attachments. 1.OE PAGE l.d= l_OE PAGE 2.d= Sorry. Jeff Gomes Owner Hawaii Bookmark Jeff's Work Bench 16-175 Melekahiwa Street #1 Kea'au, HI 96749 (808) 987-6488 www.hawailbookmarks.com SPP No: 12-000138 Page No.003564 From: ieff nam To, sandrasona®hawailanteLnet Cc., Q tpr,K,5;iu0hawaii.nnv_aself0m.hawa4-hi.us;ted( to honolpw-mm Subject: WITNESS LIST Cate: Friday,October 04,2013 12:11:81 PM Attachments: 4Vitnerc�l�ier7_rsrif ]eff Gomes Owner Hawaii Bookmark ]efPs Work Bench 16-175 Melekahiwa Street #1 Kea'au, HI 96749 (808) 987-6488 www.hawaiibookmarks.com SPP No. 12-000138 Page No. 003565 From: Qanln Arai To: "Fuiimrytn.Phvliis";"barrow. ]efr' Ce: sand raanno6hawaiiantel.net Subject: RE:Connections New Century Public Charter school,SPP 12.000138 Date: Friday,October 04,2013 3:21:06 PM Phyl and Jeff, You have the use of my office if needed for this teleconference on Monday morning, October 7. Jeff, assist Phyllis with the use of my phone to establish a conference call. If necessary, use the small conference room and have the deputy use my office. Please keep in touch with Sandy Song and assist her where we are able to. Thanks Daryn Daryn S. Arai County of Hawaii Planning Department Aupuni Center 101 Pauah; Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (BOB) 961-8142 Fax: (BOB) 961-8742 email: daraiCalrn.hawaii hi.ug "Hawai'i County is an equal opportunity provider and employer" From: Sandra Song [mailto.sandrasong@hawaiiantel.net] Sent: Friday, October 04, 2013 3:02 PM To: ted@tedhonglaw.00m; Carter.K.Siu@hawaii.gov; kalanigomes@hawaiiantel.net; sidfuke@hawaiiantel.net; 'Amy Seip Cc: darai@co.hawaii.hi.us; 'Darrow,Jeff; 'Fujimoto, Phyllis' Subject: Connections New Century Public Charter School, SPP 12-000138 Parties, I would like to set up a pre-hearing conference via telephone for Monday morning,October 7, 2013 to resolve issues regarding the issuance of subpoenas for the upcoming contested case conference. In order to provide all of you with enough time to serve these subpoenas I would like to resolve these issues as soon as possible. am available at 9:30 a.m. on Monday,or actually any time after that in the morning. Please let Jeff or Phyllis know if 9:30 is not convenient for you or what time would work better. Thank you for your cooperation. Sandra P.Song SPP No. 12._000138 Page No. 003566 Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel:(808)933-9212 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system.Thank you. SPP No. 12-000138 Page No. 003567 From: Mff nome5 To: sandrasononhawailhrtel.net Subject Re;Connections New Century Public Charter School,SPP 12.000138 Date: Friday,October 04,2013 4:14:34 PM I will be off island but can be available by phone. Jeff Gomes Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahiwa Street #1 Kea'au, HI 95749 (808) 987-5488 www.hawaiibookmarks.com on Oct 04, 2013, Sandra Song <sandrasong@hawaiiantel.net> wrote: Pa rties, I would like to set up a pre-hearing conference via telephone for Monday morning, October 7, 2013 to resolve issues regarding the issuance of subpoenas for the upcoming contested case conference. In order to provide all of you with enough time to serve these subpoenas I would like to resolve these issues as soon as possible. I am available at 9:30 a.m, on Monday, or actually any time after that in the morning. Please let Jeff or Phyllis know if 9:30 is not convenient for you or what time would work better. Thank you for your cooperation. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: (808) 933-9212 Fax: (808) 935-4853 SPP No. 12-000438 Page No. 003568 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. IF you are not the intended recipient or authorized agent For the recipient, any dissemination, distribution or copying of this communicalion is strictly prohibited, If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system.Thank you. SPP No. 12-000138 Page No. 003569 From: Ted Heng To: sandramna hawaiiantelmet:Tedilonoiaw--Sue Cc: Carter.K.SiuQhawali.nrn;kalani0nmesftawaiiantel.net:sidfuke0hawaiiantel.=Amv Self:Arai.Darvn: Darrow.]eff: moto Phyllog Subject: Re:Connections New Century Public Charter Stool,SPP 12-O0o13B Date: Friday,October 04,2013 4:04:17 PM Thank you, I am available at 9:30 a.m.. Ted On Fri, Oct 4, 2013 at 3:01 PM, Sandra Song <sandrasong(cbhawaiiantel.net> wrote: Parties, I would like to set up a pre-hearing conference via telephone for Monday morning, October 7, 2013 to resolve issues regarding the issuance of subpoenas for the upcoming contested case conference. In order to provide all of you with enough time to serve these subpoenas I would like to resolve these issues as soon as possible. I am available at 9:30 a.m. on Monday, or actually any time after that in the morning. Please let Jeff or Phyllis know if 9:30 is not convenient for you or what time would work better. Thank you for your cooperation. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: (808) 933-9212 Fax: (808) 935-4853 WARNING., This email message and any attachments may contain information that is privileged, confidential, andlor exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is SPP No.12-000138 Page No. 003570 strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No.003571 From: ielfppMI-C Yp: sandrasonaralhawailantel.net [R; Cartgr,K SMObaAal,ppy as a n-hawaii hi.ti�s;tpdQtL-dhonnlaw.rnm Subject: WITNESS LIST Gate: Fdday,October 04,2013 4:24:16 PM Attachments: Wuness Llst.odf Jeff Gomes Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahiwa Street #1 Kea'au, HI 96749 (808) 987-6488 www.hawaiibookmarks.com SPP No: 12-1000138 Page No. 0'03572 Froin: ieR nnmec To: sandrmonaftawaiiantel.net Cr. Carter.1CShj0hawa11.anv: ;tedCtedhnnalaw.mm Subject: WITNESS LIST Date: Friday,October 04,2013 5:01:06 PM Attachments: if,Wr7NE55 11ST.dnrx Sorry for the blank page. Jeff Gomes Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahiwa Street #1 Kea'au, HI 96749 (808) 987-6488 www.hawaiibookmarks.com SPP No, 12-OD0138 Page No. 003573 From: Sue L99 LM gf JgdHonoLaw Ta: ;Self"Amy:Carter Siu;Garvn Araf jdarrow; r}fppmes;Ted Hono:Glenn Sonoda Subject Connections New Century PubSk CharterSchool/CBESS Spedal Permit Application No. 12-00013-Exhibh List REVISED PAGE 2 Date: Friday,October 04,2013 3:35:36 PM Attachments: ]oint Suhmissionof Exhlhlt List_-_Revised Paae 2.ndf Hearings Office Song: Attached please find our Revised Page 2 of our Exhibit List. I appologize, there was a typo on Exhibit A8 (See Record at 1678 to 1648) it should read (See Record at 1678 to 1684) Sony for the extra effort this may cause. Aloha Piha Sue Sue Lee Loy, Legal Assistant Law Office of Ted Hong, Esq. Tel:808.933.1919 email:sue,leeloyfahotmail.com Please consider the environment before printing this email. This email may contain information that is strictly confidential. The contents of this email are intended only for the recipient(s) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges. SPR No. 12-000138 Page No. 003574 From: Sue Lee Lay of TedHonoLaw To: sandmsonaftawaHantnl_net:Carter SiuSiu Self,Amy Darvn Aral;idarrow iefr comes:Ted Hono,Glenn Sonoda Subject: Re:Connections New Century Public CharterSchool/CRESS Special Permit Applicadon No. 12.00013-NOTICE OF NO OBJECTIONS Date: Friday,October 04,2013 1:00:15 PH Attachments: Joint Submissian of Exhb€ts-L€st to All Partles.odf lnlnt Scrhmisdnn of Mnpse List to All Partlm.nrlf Hearings Officer Song: Attached please find a Joint Submission of Witness and Exhibit List by Connections and CRESS. This submittal Is brought pursuant to the deadline set at the August 22, 2013 pre-hearing conference. The attached document has also been transmitted by postal mail. Under separate cover, our office will hand deliver the request and justifications for our subpoena and subpoena duces tecum related to this matter. When the subpoena and subpoena duces tecum are ready, please call our office at 933-1919 or let us know via email (ted0tedhonglaw.com) or (sue(atedhonglaw.com) and we will pick them up. On Wed, Sep 4, 2013 at 3:30 PM, Sue Lee Loy of TedHongLaw <sue(Mtedhonglaw.com> wrote: Hearings Officer Song: Attached please find Applicant CBESS Notice of No Objection to Planning Commission Record. This notice is brought pursuant to the deadline set at the August 22, 2013 pre-hearing conference. The attached document has also been transmitted by postal mail. Sue Lee Loy, Legal Assistant Law Office of Ted Hong, Esq. Tel:$08.933.1919 ail.sue,leeloytalhotmail.com Please consider the environment before printing this email. This email may contain information that is strictly confidential. The contents of this email are intended only for the recipient(s) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges. Sue Lee Loy, Legal Assistant Law Office of Ted Hong, Esq. Tel.808.933.1919 email:sue.leeloy0hotmail.com SPP No. 12-000138 Page No.003575 Please consider the environment before printing this email. This email may contain information that is strictly confidential. The contents of this email are intended only for the recipient(s) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission, Delivery of this message is not intended to waive any applicable privileges. SPP No. 12-000138 Page Na. 003576 Fmm. Sandra Sano To. "tedgbtedhennlaw.rnd' "Caiter.K.Slufdtsawail.aoy"," "sidfllky(&hamw?ntel.net". "Amy SeIP Cc; "daraitalrn-hawaii.hi.us";"Darrow.Jeff" 5ubjec: Connections New Century Public Charter School,SPP 12.00013B-6chlbAs and Exhibit usts Date: Friday,Ober 04,2013 11:06:00 AM Parties, This morning it appears that all of the parties and I received separate e-mails from Jeff Gomes transmitting copies of Exhibits 4 through 17 to each of us. These e-mail transmissions were nearly 50 megabites of data which is very large for most e-mail servers. I reviewed my e-mail to all of you from August 22,2013, and I believe I was not clear enough in my instructions regarding exhibits. Today is the deadline for submission of your exhibit lists and witness lists to me, I provided you with copies of the Planning Commission forms to use for these lists. I also indicated that the parties were to exchange their exhibits by today. By exchange of exhibits I meant that each of you should provide the other parties with copies of the documents you intend to submit at the contested case hearing. You are not to provide me with the exhibits until the actual hearing. Also, hard copies of each exhibit should be prepared for submission at the contested case hearing, and each exhibit should be clearly marked for identification. Since there are several parties, I would ask that the exhibits be labeled with the parity's name and exhibit number, such as"Connections-Exhibit 1",or"Gomes -Exhibit 1". Please do not send me electronic copies of your exhibits via e-mail. if you want to submit electronic copies of your exhibits at the hearing, in addition to the hard copies,you may submit them on a Cil or a jump drive. With respect to the Exhibits submitted by Mr.Gomes,I will not be printing out these documents. Mr. Games will be responsible for providing copies of his proposed exhibits at the contested case hearing. So far, I have only received an exhibits list and witness list from the County Planning Director. I trust that I will receive the witness li5t5 and exhibits lists from all of the remaining parties by the end of the workday. I apologize for any confusion in this matter, and thank you for your cooperation. Sandra P, Song Attorney at Law 10 Kamehameha Ave. Hilo,HI 96720 Tel:(808)933-9212 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient,any dissemination, distribution or copying of this communication is strictly prohibited. It SPP No. 12-000138 Page No. 003577 you received this email message In error, please Immediately notify the sender by return email and delete the message and any attachments from your system.Thank you. SPP No. 12-000138 Page No. 003578 From: Sandra To; %idFukeCdhawa5antei.net"; "Amy SeIP' Ce: "daraiC0co_hawaU.hl.ue "Darrow.Jeff":"Fuilmeta.MAW Subject: Connections New Century Public Charter School,SPP 12-000138 Date: Friday,Ocmber 04,2013 3:01:00 PM Parties, I would like to set up a pre-hearing conference via telephone for Monday morning, October 7, 2013 to resolve issues regarding the issuance of subpoenas for the upcoming contested case conference. In order to provide all of you with enough time to serve these subpoenas I would like to resolve these issues as soon as possible. I am available at 9:30 a.m. on Monday, or actually any time after that in the morning. Please let Jeff or Phyllis know if 9:30 is not convenient for you or what time would work better. Thank you for your cooperation. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel:(808)933-9212 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. if you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system.Thank you. SPP No. 12-000138 Page No. 003579 From: S�pdra Sono To: "tedf tedhonalaw.corn":"Carter.K,Siu*hawai#.aay":"kalanl43=esrnlhawaiiantel.neV';"sidFuka(a hawaiiantel.net" Self' - - - "Amy Cc: "daral0co.hawaii.hLuf "Darrrw. ]off" Subject Connections Now Century Public Charter school,5PP 12-000138-Exhibits and Exhibit Usts Date: Friday,October 04,2013 11:06:00 AM Paries, This morning it appears that all of the parties and I received separate e-mails from Jeff Gomes transmitting copies of Exhibits 4 through 17 to each of us. These e-mail transmissions were nearly 50 megabites of data which is very large for most e-mail servers. I reviewed my e-mail to all of you from August 22, 2013, and I believe I was not clear enough in my instructions regarding exhibits. Today is the deadline for submission of your exhibit lists and witness lists to me. I provided you with copies of the Planning Commission forms to use for these lists. I also indicated that the parties were to exchange their exhibits by today. By exchange of exhibits I meant that each of you should provide the other paries with copies of the documents you intend to submit at the contested case hearing. You are not to provide me with the exhibits until the actual hearing. Also, hard copies of each exhibit should be prepared for submission at the contested case hearing, and each exhibit should be clearly marked for identification. Since there are several parties, i would ask that the exhibits be labeled with the party's name and exhibit number, such as"Connections-Exhibit 1",or"Gomes - Exhibit 1". Please do not send me electronic copies of your exhibits via e-mail. If you want to submit electronic copies of your exhibits at the hearing, in addition to the hard copies, you may submit them on a CD or a jump drive. With respect to the Exhibits submitted by Mr. Gomes, I will not be printing out these documents. Mr. Gomes will be responsible for providing copies of his proposed exhibits at the contested case hearing. So far, I have only received an exhibits list and witness list from the County Planning Director. I trust that I will receive the witness lists and exhibits lists from all of the remaining parties by the end of the workday. apologize for any confusion in this matter, and thank you for your cooperation. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: (808)933-9212 Fax- (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If SPP No. 12-000138 Page No. 003580 you received this email message In error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003581 From: Amv Self To: sandrasnnoGlhawaiiante{.net:ted(Stedhonalaw.cam:Carter.K.Siuphawall.00v7 kalaninomeshhawaliantel.net: s dfukCQhawaliantel.net Cc: daralydlm.hawaii.hUr;:"Dano& leffTuiimota.Phyllk" Subject: RE:Conneciorts New Century Public Charter School,SPP 12.000136 Date; Friday,October 04,2013 3:49:10 PM I am available at 9:30 a.m. or anytime after on Monday, October 7. ......... . ...._. _._....__._-... From: Sandra Song [mailto:sandrasong@hawaiiantel.net] Sent: Friday,October 04, 2013 3:02 PM To: ted@tedhonglaw.com; Carter.K.Siu@hawaii.gov; kalanigomes@hawaiiantel.net; sidfuke@hawaiiantel.net; 'Amy Self Cc, darai@co.hawaii.hi.us; 'Darrow, Jeff; 'Fujimoto, Phyllls' Subject: Connections New Century Public Charter School, SPP 12-000138 Parties, I would like to set up a pre-hearing conference via telephone for Monday morning, October 7, 2013 to resolve issues regarding the issuance of subpoenas for the upcoming contested case conference. In order to provide all of you with enough time to serve these subpoenas I would like to resolve these issues as soon as possible. I am available at 9:30 a.m. on Monday,or actually any time after that in the morning. Please let Jeff or Phyllis know if 9:30 is not convenient for you or what time would work better. Thank you for your cooperation. Sandra P.Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 95720 Tel:(808)933-9212 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003582 From: QarTgtj jC To: katanlanmes0l]awallantel.net Cr- Sandra Sano:Fuiimata.Phyllis Subject: Exhlbtt and Witness Ust Date: Manday,October 07,2013 10:26:03 AM Attacbments: Exhibit List Temntate.dac Witnea¢List Temnlatw.dnr Here is the information that you requested. Jeff Jeffrey Darrow Planter V County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, HI96720 e-mail: jclrrrro�>>fr cal�cn�aiiJli.rrti phone: 961-8158 SPP No. 12-000138 Page No. 003583 From: Ted Hano To: Carter.K.SluOhawalLaoy. Ce: Amy Self AraL Qarya;Darrnw. lefT: ;Fujimoto,Phyllis gnndrawng(0hawailnnte1.net;aidfukeehawallantelnet:TedHnnol aw--Sue;t;ina_M_1 um6z3hawalL= Subject: Re:Connections New Century Public Charter School,SPP 12-000138 Date: Monday,October 07,2013 9:13:07 AHI Is there a telcon number or a number to call into? On Mon, Oct 7, 2013 at 8:48 AM, <Carter,Ulu C@hawaii.gay> wrote: am available this morning at 9:30. Carter K. Siu Deputy Attorney General Education Division 235 S. Beretania Street, Rm 304 Honolulu, HI 96813 Phone: 586-1255 Fax 586-1488 I Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information. Any review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the sender by reply a-mail and destroy all copies of the original message. From Ted Hong<ta�Qledhonolaw_=M> E To 5andrasong2hawaiinntelnet,TedHongLaw--Sue<sue-Wedhonotaw.eom> cc .stdfukelmhawaliantel_net,Amy Self<aselfabco hawaii hi us>. "Arai, Daryn"<rlaraOrn haw;0 hl up,"Darrow,Jefr<idarrowlDca hawaii hi ue>,"Fujimoto,Phyllis"<g1iu4mo o®en_hawaii_hl_us> j Dale 10/0412013 04:04 PM i Subject Fie:Connections New Century Public Charier School,SPP 12-000138 Thank you, I am available at 9:30 a.m.. Ted On Fri, Oct 4, 2013 at 3:01 PM, Sandra Song < > wrote: Parties, I would like to set up a pre-hearing conference via telephone for Monday morning, October 7, 2013 to resolve issues regarding the issuance of subpoenas for the upcoming contested case conference. In order to provide all of you with enough time to serve these subpoenas I would like to resolve these issues as soon as SPP No. 12-000138 Page No. 003584 possible. I am available at 9:30 a.m. on Monday, or actually any time after that in the morning. Please let Jeff or Phyllis know if 9:30 is not convenient for you or what i time would work better. I Thank you for your cooperation. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo/ HI 96720 Tel: (808) 933-92I2 Fax-, (ffla) 935-1853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you s SPP No. 12-000138 Page No. 003585 From: Ted Hone To: j Cct sandrasonnAhawailantel.net:Cafter.K.5iuftawali.aov;SMf,gmy Subject: Re: EXHIBIT IS Date: Monday,October 07,2013 4:16:00 PM Please reseed Exs. 9-12, I could not open them. Thanks, On Fri, Oct 4, 2013 at 10:43 AM, Jeff gomes < > wrote: k Jeff Gomes Owner Hawaii Bookmark Jeff's Work Bench 16-175 Melekahiwa Street -#1 Kea'a u, HI 96749 (808) 987764$$ , .www.hawa4ibookmarks.com SPP No. 12-000138 Page No. 003586 From: Amy Self To: �alaniaomesftawailante#.net Ce: candracang0hawallantel.net: tPdDtedhumalaw.rnm Subject FW:LIST OF EXHIBITS REVISED Dale: Monday,October 07,2013 11:35:32 AM AMchments: j„QF PAGE l.docx I OF PACT.7.dncx Jeff! Could you please confirm that the attached is your final exhibit list. I have two different lists that you emailed to me on Friday and I want to make sure that the last one I received is your final list. Thank you. .-__-._._--.___-----------..._...... ............._.._.....-...__---_._....... _.__....___..._.__..__...._--. From:Jeff gomes[mallto:kalanigomes@hawaiiantel.net] Sent: Friday, October 04, 2013 11:39 AM To: sandrasong@hawaiiantel.net Cc: Carter.K.Siu@hawaii.gov; Self, Amy; ted@tedhonglaw.com Subject: LLST OF EXHIBITS REVISED Sorry. JeffGomes Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahiwa Street#1 Kea'au, H1 96749 (808) 987-6488 www.hawabibookmarks.com SPP No. 12-000138 Page No. 003587 From: Jeff comes To: sandrasono 0hawaljantel_net Ce: Carter.K. tu@hawaii.00v;aselfOrn.hawail.hl.us:tedfltedhonalaw.corn Subject: WITNESS LIST AND EVIDENCE UST Data: Tuesday,Dcbber 08,2013 12:32:11 AM Attachments: 1G WITNFSS 11517_doa WE PAGE I dw I OF PAGE 2.dmx Sorry for all the confusion. Just in case anyone did not receive this. This is the final witness list I sent last Friday. Also attached is my list of evidence. Thank you, Jeff Gomes Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahiwa Street #1 Kea`au, HI 96749 (808) 987-6488 www.hawaiibookmarks.com SPP No. 12-000138 Page No. 003588 From, Sue Lee Loy of TedHonoLaw To: sandrasorw hawaHantel.net;Self.Amy: rraw;Teff domes:Ted Henn;Carter 5 u;Dawn Arai fpn SonQd;Bina LUm •Kualil.Jennifer 5ubjer#: Connections Contested Case 5P 12-DD0138-Request for Witness to Appear by Telephone Data: Monday,October 14,2013 4:52:52 PM Attachments: Dear Hearings Officer Song: Attached please find Applicant CBESS Request for Witness to Appear by Telephone. Sue Lee Loy, Legal Assistant Law Office of Ted Hong, Esq. Tel:808.933.1919 email Please consider the environment before printing this email. This email may contain information that is strictly confidential. The contents of this email are intended only for the recipient(s) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges. SPP No. 12-000138 Page No. 003589 From: Sue Lee Lay of TedHan4taw To: sandrasono0hawailantel.net;Self. Amy.idarrow: Teff comes;Ted Hang;Carter Siu;Darvn Arai;SuaL lennifer Hnlly,T.Shikada0hawai€.any:Tina l um Subject: Connections Contested Case-SP No. 17-00138-Request for additional hearing date Date: Tuesday,Ocmbier 15,2013 4:47:19 PM Attachments: Request to for additionat hearing date.odf Dear Hearing Officer Song: Attached please see the Applicants request for additional hearing date. Sue Lee Loy, Legal Assistant Law Office of Ted Hong, Esq. Tef:808.933.1919 email:sue.ieeloyftotmail.com Please consider the environment before printing this email. This email may contain information that is strictly confidential. The contents of this email are intended only for the recipient(s) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges. SPP No. 12-000138 Page No. 003590 From: Sue I Cc Loy of TedHongLaw To: 5godXasono(a?hawaliantel.net:ipft gflpes;Self. Amy,mdarrow;Ted Hang:Carter Siv: Daren Arai spa Songda Holy.T.Shikadafhawali.gov GIna Wm;KuaW.Jennifer Subject: Connections Contested Case-5P No, 12.00138 Date: Tuesday,October 15,2013 419:41 PM Attachments: Exhl bit A-20 total of three oaaes.odf Dear Hearing Office Song and Parties: My apologies, due to a copy error, Exhibit A-20 of the Applicants Connections/CBESS 3oint Submission of Exhibits should have contained 3 pages. Attached please rind Exhibit A-20 (total of 3 pages). Hard copies have been transmitted via postal service also. I'm sorry for the confusion or added work this may cause. Aloha Piha Sue Sue Lee Loy, Legal Assistant Law Office of Ted Hong, Esq. Tel:808.933.1919 email:sue,leeloy&hotmail.cam Please consider the environment before printing this email. This email may contain information that is strictly confidential. The contents of this email are intended only for the recipient(s) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges. SPP No. 12-000138 Page No. 003591 From: Sue Lee Lev of TedHnnoLaw To: sandra5ono0hawallantel.net:SjdarCM;12ff gpmes;Carter Siu Daryn Arai; },�,Q1Iv.T.5hikadaQhawaii.aov:Gina Lu@;Kualh._le_nnifer Subjed: Connecbons contested Case-SP No. 12-00138-Joint Submission First Amended Witness List Date: Tuesday,October 15,2013 5:05:54 PM Attachments: ]pint Suhmisslon of First Amended Witness I Istndf Dear Hearing Officer Song - attached is Connections/CBESS Joint Submission of First Amended Wintess List Sue Lee Loy, Legal Assistant Law Office of Ted Hong, Esq. Tel:808.933.1919 email; lejeelay0hotmail.com Please consider the environment before printing this email. This email may contain information that is strictly confidential. The contents of this email are intended only for the recipient(s) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges. SPP No. 12-000138 Page No. 003592 From: I&names To, &tedha law.com Cc: sandrasono0hawailantel.nd acelfla)rn_hawali,hEi€s:f'arter.K.Siurtawa:'s.nrw Subject: Re:Connections Contested Case-SP No. 12-00138-Request for additional hearing date Date: Wednesday,October 16,2013 8:49:05 PM Attachments; ohoWf7l)APG nhGtp(721,IP'i Ted, Your continued anger and hate towards me and my family are clear and I beg you to forgive me. I hope it is just your job and not the way you truly feel towards me and my family. a=ver since Eric Boyd took pictures of my home while my wife and daughter were getting dressed to go out for the day, posted it on the internet for your supporters to target and vandalize my property and two days later when you attacked me at my home in front of Jeff Darrow, Theresa Dunham and my neighbors our life has been a living hell. The vandalism to our property finally subsided a few months ago and I beg you not to have your supporters start up again as we live in constant fear of "when will they make their way up to our house." I am at your mercy and will do as you say. I am seriously reassessing my position as you advised and ask you to please send me a sample apology letter that I may use a guide in hopes that I may possibly appease you. This is my first contested case hearing and hopefully my last. I am not sure what appropriate behavior is in and around the hearing, but if you send me a guide I promise to study it and try my best to abide by it. My family and I live in constant fear of when you or one of your supporters will show up again at our home and hope it never escalates to that level. Please accept my apology for making you upset and try to find it in your heart not to target me and my family. Again I hope it is just your job to target someone in the community and not the way you truly feel about us. Until last year, I had no idea how important Phillip Rowell's testimony and work are to my family, neighbors and myself. He has the ability to save lives. He is a very, very important person and I recognize that. I have attached photos of todays accident on Kaumana Drive. I look forward to your sample letter, guide lines and hope that someday in the future you might again welcome me as a sign waver at your next campaign. Aloha, Jeff Gomes Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahiwa Street #1 Kea'au, HI 96749 (808) 987-6488 www.hawalibookmarks.com SPP No. 12-000138 Page No. 003593 on Oct 16, 2013, Ted Hong <ted@tedhonglaw.com> wrote: Mr. Gomes, that is NOT an apology or anything close to it. I don't know what kind of game you think you're playing. But your email was published to a wide number of sources to which Mr. Rowell routinely submits reports to. His reputation and standing in that professional community is important to his livelihood. Your defamatory statements are patently offense, insulting and that you published them to people in the planning profession is reprehensible. You better seriously reassess your position on this and my deadline for a formal written apology to Mr. Rowell still stands. Ted H. S. Hong On Wed, Oct 16, 2013 at 10:52 AM, jell gomes <kaIan1gomes@hawaiiantel.0et> wrote: Sorry Phillip. F Aloha, i Jeff Gomes Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahiwa Street #1 Kea'au, HI 96749 (808) 987-5488 w".hawafi bookrna rks.ccm on Oct 16, 2013, Ted Hong <ted@tedhonglaw.com> wrote: Mr. Gomes, your intemperate response is defamatory and actionable. Mr. Rowell is a well known traffic engineer and has worked on many projects including Mr. Fuke's last project on Kaumana Drive. Your statements are offensive and insulting and I expect a written apology from you. If you cannot control yourself and act appropriately, or with some courtesy in these proceedings, I suggest you withdraw from these proceedings. If you fail to submit a written apology to Mr. Rowell to me by 2:00 p.m., October 18, 2013, I will advise Mr. Rowell about his legal options. Ted H. S. Hong r On Tue, Oct 15, 2013 at 4:47 PM, Sue Lee Loy of TedHongLaw <sueQtedhong aw.com> wrote: Dear Hearing Officer Song: Attached please see the Applicants request for additional hearing date. Sue Lee Loy, Legal Assistant Law Office of Ted Hong, Esq. Te[:808.933.1919 SPP No. 12-000138 Page No. 003594 email:sue.leeloy(@hotmail.com Please consider the environment before printing this email. This email may contain information that is strictly confidential. The contents of this email are intended only for the recipient(s) listed above. E Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges. SPP No. 12-000138 Page No. 003595 From: Ted Hann 7o: ieff oomes:sandrasonofalhawal€antel.net:Carter Siu;Self.Amy:Arai.Daryn;Darrow,Jeff; s dfuk@05hawaiiantel.net:FU€€m PhvlOs€s:Tad€-lenoLaw--Sue Subject: Re:Connections Contested Case-SP No. 12.00138-Request for additional hearing date Data; Wednesday,October 16,2013 11:26:22 AM Mr. Games, that is NOT an apology or anything close to it. I don't know what kind of game you think you're playing. But your email was published to a wide number of sources to which Mr. Rowell routinely submits reports to. His reputation and standing in that professional community is important to his livelihood. Your defamatory statements are patently offense, insulting and that you published them to people in the planning profession is reprehensible. You better seriously reassess your position on this and my deadline for a formal written apology to Mr. Rowell still stands. Ted H. S. Hong On Wed, Oct 15, 2013 at 10:52 AM, Jeff gomes <kalanigomes0hawaiiantel.net> wrote: Sorry Phillip. Aloha, Jeff Games Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahlwa Street #1 Kea'au, HI 96749 (808) 987-6488 on Oct 16, 2013, Ted Hong <tcd@tedhongla+.com> wrote: Mr. Games, your intemperate response is defamatory and actionable. Mr. Rowell is a well known traffic engineer and has worked on many projects including Mr. Fuke's last project on Kaumana Drive. Your statements are offensive and insulting and I expect a written apology from you. If you cannot control yourself and act appropriately, or with some courtesy in these proceedings, I suggest you withdraw from these proceedings. If you fail to submit a written apology to Mr. Rowell to me by 2:00 p.m., October 18, 2013, I will advise Mr. Rowell about his legal options. Ted H. S. Hong On Tue, Oct 15, 2013 at 4:47 PM, Sue Lee Loy of TedHongLaw <sue@tedhonglaw.com> wrote: Dear Hearing Officer Song: Attached please see the Applicants request for additional hearing date. SPP No. 12-000138 Page No. 003596 Sue Lee Loy, Legal Assistant Law Office of Ted Hong, Esq. Tel:808.933.1919 email:sue.leeloy0hotmail.com Please consider the environment before printing this email. This email may contain information that is strictly confidential. The contents of this email are intended only for the recipient(s) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. if you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges. SPP No. 12-000138 Page No. 003597 From: Sandra Sona Tot "tedtatedlwnalaw.rom' K. _':"Carter. Siu(&hawall.noV":"kalanioomesCmhawaiiantel.net";" ' F ii �l>r - Cc "Oarrow.&C F ilimnto.Phylks" Subject: Connectlons New Century Public Charter School,SPP 12-000138 Date: Wednesday,October 16,2013 4:13:00 PM Parties, I am writing to confirm that the contested case hearing in the above referenced matter will begin on Monday, October 21, 2013 at 9:00 a.m. at the State Building Conference Room A, B,C, located at 75 Aupuni Street, Hilo, Hawaii. The hearing will last until 4:30 p.m.on October 21 and continue on October 22,2013, commencing again at 9:00 a.m. A court reporter from Island Court Reporting will be taking down the testimony at the hearing, and it is the responsibility of each party to order and pay for a copy of the transcript from the court reporter, As I previously indicated to all of you at the first pre-hearing conference,I will be asking each of the parties to provide me with proposed findings of fact and conclusions of law after all of the evidence has been submitted. I am also asking that you provide reference to the specific portion of the transcript and/or the record for each of your proposed findings. Therefore, I would strongly suggest that each of you make arrangements to purchase a copy of the hearing transcript. This hearing will run smoothly if we all are courteous to one another, and treat each party and each witness with respect_ I trust that ail of you will act in an appropriate manner at the hearing. The matter of any written request that has already been submitted to me or any procedural matter to be raised by any of the parties will be addressed on Monday after public testimony is taken but before the evidentiary portion of the hearing. With respect to public testimony, I would like to remind the parties that much public testimony is already included in the record of this proceeding, in order to accommodate the evidentiary portion of this contested case hearing, I will be limiting the length of public testimony, and if any such testimony is repetitive and already part of the record I will consider excluding such testimony. With respect to the evidence to be submitted at the hearing, as I previously indicated to all of you, hard copies of any exhibits you wish to submit into evidence at the hearing must be provided to me at the hearing. 1 will not accept any electronic version or e-mail of any exhibits. I will be asking the parties whether they will stipulate to the admission of any of the exhibits,so I would suggest that the parties confer as to any stipulations they may have. Because this is an administrative hearing we are not bound by the technical rules of evidence; however, 1 can and will exclude any purported evidence which is irrelevant,immaterial or unduly repetitious or which would infringe upon any privilege recognized by law. I would suggest that the parties review Planning Commission Rule 4-17 regarding evidence prior to the hearing. if any of the parties require an additional pre-hearing conference via phone prior to Monday, please contact either Daryn or Jeff to set up a conference call. Thank you for your cooperation in this proceeding. SPP No. 12-000138 Page No. 003598 Sandra P.Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 46720 Tel:(808)933-4212 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited, If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system, Thank you. SPP No. 1 2-0001 38 Page No. 003599 From: narvn Aral To: sandrasonnQhawallantel.net Subject RE:Connections New Century Public Charter School,SPP 12-000138 Date: Wednesday,October 15,2013 4:21:24 PM Well done! Thanks Oaryn -- ......... - From: Sandra Song [mailtoaandrason ---.___.__.._.__._.....__. .._... ---.------ -_......___.._...._._....___.......__. . ._ g@hawaiiantel.netj —._._. ._. ........ Sent: Wednesday, October 15, 2013 4:13 PM To: ted@tedhonglaw.corm; Carter,K.Slu@hawaii.gov; kalanigomes@hawaiiantel.net; sidfuke@hawaiiantel.net; 'Amy Self Cc: darai@eo,hawaii.hi.us; 'Darrow, Jeff; 'Fujimoto, Phyllis' Subject: Connections New Century Public Charter School, SPP 12-000138 Parties, I am writing to confirm that the contested case hearing in the above referenced matter will begin on Monday, October 21, 2013 at 9:00 a.m, at the State Building Conference Room A, S, C, located at 75 Aupuni Street, Hilo, Hawaii. The hearing will last until 4:30 p.m.on October 21 and continue on October 22,2013, commencing again at 9;00 a.m. A court reporter from Island Court Reporting will be taking down the testimony at the hearing, and it is the responsibility of each party to order and pay for a copy of the transcript from the court reporter. As I previously indicated to all of you at the first pre-hearing conference, I will be asking each of the parties to provide me with proposed findings of fact and conclusions of law after all of the evidence has been submitted. I am also asking that you provide reference to the specific portion of the transcript and/or the record for each of your proposed findings. Therefore, I would strongly suggest that each of you make arrangements to purchase a copy of the hearing transcript. This hearing will run smoothly if we all are courteous to one another, and treat each party and each witness with respect. I trust that all of you will act in an appropriate manner at the hearing. The matter of any written request that has already been submitted to me or any procedural matter to be raised by any of the parties will be addressed on Monday after public testimony is taken but before the evidentiary portion of the hearing. With respect to public testimony, 1 would like to remind the parties that much public testimony is already included in the record of this proceeding. In order to accommodate the evidentiary portion of this contested case hearing, 141 be limiting the length of public testimony, and if any such testimony is repetitive and already part of the record I will consider excluding such testimony. With respect to the evidence to be submitted at the hearing, as I previously indicated to all of you, hard copies of any exhibits you wish to submit into evidence at the hearing must be provided to me at the hearing. i will not accept any electronic version or e-mail of any exhibits. I will be asking the parties whether they will stipulate to the admission of any of the exhibits, so I would suggest that the parties confer as to any stipulations they may have. Because this is an administrative hearing we are not bound by the technical rules of evidence; however, I can and will exclude any purported y SPP No. 12-000138 Page No. 003600 evidence which is irrelevant, immaterial or unduly repetitious or which would infringe upon any privilege recognized by law. I would suggest that the parties review Planning Commission Rule 417 regarding evidence prior to the hearing. If any of the parties require an additional pre-hearing conference via phone prior to Monday, please contact either Daryn or Jeff to set up a conference call. Thank you for your cooperation in this proceeding. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel:(808)933-9212 Fax; (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please Immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003601 From: To: "�te,d,�,0���tedhanalaw.com Sat er.K.StuDhawa?iov .o ";"kglaninames(6hawaiiantel.nef;'sidfuke .hawailanteLaW; 'A it Ce: "darairdlco.hawaii.hi.rts":"Darrow_Jeff" "Fujimoto.Phvllis" subject Connections New Century Pub0c Charter School,SPP 12-000138 Date; Wednesday,October 16,2013 4:13.00 PM Parties, I am writing to confirm that the contested case hearing in the above referenced matter will begin on Monday,October 21, 2013 at 9.00 a.m. at the State Building Conference Room A, B,C,located at 75 Aupuni Street, Hilo, Hawaii. The hearing will last until 4:30 p.m.on October 21 and continue on October 22, 2013, commencing again at 9:00 a.m. A court reporter from Island Court Reporting will be taking down the testimony at the hearing, and it is the responsibility of each party to order and pay for a copy of the transcript from the court reporter. As i previously indicated to all of you at the first pre-hearing conference,l will be asking each of the parties to provide me with proposed findings of fact and conclusions of law after all of the evidence has been submitted. I am also asking that you provide reference to the specific portion of the transcript and/or the record for each of your proposed findings. Therefore, I would strongly suggest that each of you make arrangements to purchase a copy of the hearing transcript. This hearing will run smoothly if we all are courteous to one another,and treat each party and each witness with respect. I trust that all of you will act in an appropriate manner at the hearing, The matter of any written request that has already been submitted to me or any procedure)matter to be raised by any of the parties will be addressed on Monday after public testimony is taken but before the evidentiary portion of the hearing. With respect to public testimony, I would like to remind the parties that much public testimony is already included in the record of this proceeding. In order to accommodate the evidentiary portion of this contested case hearing, l will be limiting the length of public testimony, and if any such testimony is repetitive and already part of the record I will consider excluding such testimony. With respect to the evidence to be submitted at the hearing, as I previously indicated to all of you, hard copies of any exhibits you wish to submit into evidence at the hearing must be provided to me at the hearing. I will not accept any electronic version or e-mail of any exhibits. I will be asking the parties whether they will stipulate to the admission of any of the exhibits, so I would suggest that the parties confer as to any stipulations they may have. Because this is an administrative hearing we are not bound by the technical rules of evidence; however, I can and will exclude any purported evidence which is irrelevant, immaterial or unduly repetitious or wNch would infringe upon any privilege recognized by law. I would suggest that the parties review Planning Commission Rule 4-17 regarding evidence prior to the hearing. if any of the parties require an additional pre-hearing conference via phone prior to Monday, please contact either Daryn or-leff to set up a conference call. Thank you for your cooperation in this proceeding. SPP No. 12-000138 Page No. 003602 Sandra P.Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel:(808)933-9212 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003603 From, Sandra Sana To: "t]arvn Arai" Subject RE:Connections New Century Public Charter School,SPP 12-000138 Date; Wednesday,October 16,2013 4:43:00 PM I hope they listen. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel:(808)933-9212 Fax: (808)93S-4853 WARNING. This email message and any attachments may contain information that is privileged, confidential, andlor exempt from disclosure under applicable law_ If you are not the intended recipient or authorized agent for the recipient, any disseminaUon, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. ............. _..... From: Daryn Arai (mailto:darai@co.hawali.hi.us) Sent: Wednesday, October 16, 2013 4:21 PM To: sandrasong@hawailantel.net Subject: RE: Connections New Century Public Charter School, SPP 12-000138 Well donel Thanks Daryn From: Sandra Song [ ) Sent: Wednesday, October 16, 2013 4:13 PM To: ted-tedhonglaw.corn; Carter.K.Sltifalhawaii.gov: kala nFgQmest^alhawaiianteLnpt; 'Amy Self Cc: ; 'Darrow, Jeff; 'Fujimoto, Phyllis' Subject: Connections New Century Public Charter School, SPP 12-000138 Parties, I am writing to confirm that the contested case hearing in the above referenced matter will begin on Monday, October 21, 2013 at 9:00 a.m. at the State Building Conference Room A, B, C, located at 75 Aupuni Street, Hilo, Hawaii. The hearing will last until 4:30 p.m.on October 21 and continue on October 22, 2013, commencing again at 9:00 a.m. A court reporter from Island Court Reporting will be taking down the testimony at the hearing, and it is the responsibility of each party to order and pay for a copy of the transcript from the court reporter. As I previously indicated to all of you at the first pre-hearing conference, I will be asking each of the parties to provide me with proposed findings of fact and conclusions of law after all of the evidence has been submitted. I am also asking thatyou provide reference to the specific portion of the transcript and/or the record for each of SPP No. 12-000138 Page No. 003604 your proposed findings. Therefore, I would strongly suggest that each of you make arrangements to purchase a copy of the hearing transcript. This hearing will run smoothly if we all are courteous to one another, and treat each party and each witness with respect. I trust that all of you will act in an appropriate manner at the hearing. The matter of any written request that has already been submitted to me or any procedural matter to be raised by any of the parties will be addressed on Monday after public testimony is taken but before the evidentiary portion of the hearing. With respect to public testimony, I would like to remind the parties that much public testimony is already included in the record of this proceeding. In order to accommodate the evidentiary portion of this contested case hearing, I will be limiting the length of public testimony, and if any such testimony is repetitive and already part of the record I will consider excluding such testimony. With respect to the evidence to be submitted at the hearing, as I previously indicated to all of you, hard copies of any exhibits you wish to submit into evidence at the hearing must be provided to me at the hearing. I will not accept any electronic version or e-mail of any exhibits. I will be asking the parties whether they will stipulate to the admission of any of the exhibits, so I would suggest that the parties confer as to any stipulations they may have. Because this is an administrative hearing we are not bound by the technical rules of evidence; however, I can and will exclude any purported evidence which is irrelevant,immaterial or unduly repetitious or which would infringe upon any privilege recognized by law. I would suggest that the parties review Planning Commission Rule 4-17 regarding evidence prior to the hearing. If any of the parties require an additional pre-hearing conference via phone prior to Monday, please contact either Daryn or Jeff to set up a conference call. Thank you for your cooperation in this proceeding. Sandra P.Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel.(808)933-9212 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the Intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system.Thank you. SPP No. 12-000138 Page No. 003605 From: Tedi To: jefgornes,TedHonaLaw--5UZ Self.Amy:Arai,Daren:QAM2V_1gff,S3ndrasona(h)hawaliantel.net:Carter S.iu Subject: Re.Connections Contested Case-SP No. 12-00139-Request for additional hearing date Date: Thursday,Odoher 17,2013 7:49:52 AM Mr. Gomes, again, you completely miss the point. You can only play the victim when you truly are a victim. You owe Mr. Rowell a written apology. This is not about me, but about you and your inability to treat people with respect and courtesy and now your having gone way over the line. You have a choice. You can submit a sincere written apology to Mr. Rowell through me, or you can wait to be served a defamation lawsuit by Mr. Rowell and deal with his attorneys. Your choice. My deadline still stands. On Wed, Oct 16, 2013 at 8:49 PM, jell gomes <kalani-_ a��a hawaiiantel.net> wrote: Ted, Your continued anger and hate towards me and my family are clear and I beg you to forgive me. I hope it is just your job and not the way you truly feel towards me and my family. Ever since Eric Boyd took pictures of my home while my wife and daughter were getting dressed to go out for the day, posted it on the Internet for your supporters to target and vandalize my property and two days later when you attacked me at my home in front of Jeff Darrow, Theresa Dunham and my neighbors our life has been a living hell. The vandalism to our property finally subsided a few months ago and I beg you not to have your supporters start up again as we live in constant fear of "when will they make their way up to our house." I am at your mercy and will do as you say. I am seriously reassessing my position as you advised and ask you to please send me a sample apology letter that I may use a guide in hopes that I may possibly appease you. This is my first contested case hearing and hopefully my last. I am not sure what appropriate behavior is in and around the hearing, but if you send me a guide I promise to study it and try my best to abide by it. My family and I live in constant fear of when you or one of your supporters will show up again at our home and hope it never escalates to that level. Please accept my apology for making you upset and try to find it in your heart not to target me and my family. Again I hope it is just your job to target someone in the community and not the way you truly feel about us. Until last year, I had no idea how important Phillip Rowell's testimony and work are to my family, neighbors and myself. He has the ability to save lives. He is a very, very important person and I recognize that. I have attached photos of todays accident on Kaumana Drive. I look forward to your sample letter, guide lines and hope that someday in the future you might again welcome me as a sign waver at your next campaign. Aloha, SPP No. 12-000138 Page No. 003606 Jeff Gomes Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahiwa Street #1 Kea*au, HI 96749 (80 8) 987-6488 ZM,hawaiihakmarks.com on Oct 16, 2013, Ted Hong <tedetedhong w.com> wrote: Mr. Gomes, that is NOT an apology or anything close to it. I don't know what kind of game you think you're playing. But your email was published to a wide number of sources to which Mr. Rowell routinely submits reports to. Hls reputation and standing in that professional community is important to his livelihood. Your defamatory statements are patently offense, insulting and that you published them to people in the planning profession is reprehensible. You better seriously reassess your position on this and my deadline for a formai written apology to Mr. Rowell still stands. Ted H. S. Hong On Wed, Oct 16, 2013 at 10:52 AM, jell gomes <kalanigomesftawaiiantel.net> wrote: Sorry Phillip. Aloha, I Jeff Gomes Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahiwa Street #1 Kea'au, HI 96749 (808) 987-6488 zmm.hawailbookmarks.com on Oct 16, 2013, Ted Hong <te (cit onglaw.com> wrote: Mr. Gomes, your intemperate response is defamatory and actionable. Mr. Rowell is a well known traffic engineer and has worked on many projects including Mr. Fuke's last project on Kaumana Drive. Your statements are offensive and Insulting and I expect a written apology from you. If you cannot control yourself and act appropriately, or with some courtesy in these proceedings, I suggest you withdraw from these proceedings. If you fail to submit a written apology to Mr. Rowell to me by 2:00 p.m., October 18, 2013, I will advise Mr, Rowell about his legal options. Ted H. S. Hong SPP No. 12-000138 Page No. 003607 On Tue, Oct 15, 2013 at 4:47 PM, Sue Lee Loy of TedHongLaw <sue(@te bonglaw.co > wrote: m Dear Hearing Officer Song: Attached please see the Applicants request for additional hearing date. Sue Lee Loy, Legal Assistant Law Office of Ted Hong, Esq. Tei:808.933.1919 mail osuejeelay0bolmall-om Please consider the environment before printing this email. This email may contain information that is strictly confidential. The contents of this email are intended only for the recipient(s) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges. .,a SPP No. 12-000138 Page No. 003608 From: Jeff Games To: tedtmtedhonalaw.com Ce: s je6tedhonolaw.com:a4e1f0co.hawa1i.h1.us: '(cl ;idarrowk➢co.hawah.hl.us; i ;Carter.K.SWOhawalLaw Subject: lie: connections Contested Case-SP No. 12-00138-Request for addltlonal hearing date Date: Thursday,October 17,2013 6:58:40 AM Ted, Your threat has been received and I feel threatened. I am seriously reassessing my position as you advised and ask you to please send me a sample apology letter that I may use a guide in hopes that I may possibly appease you. If it Is not to much trouble would you be so kind and remove the video from the internet which targets my home. Jeff Gomes Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahiwa Street #1 Kea`au, HI 96749 (808) 987-6488 www.hawaiibookmarks.com on Oct 17, 2013, Ted Hong ted@tedhonglaw.com> wrote: Mr. Gomes, again, you completely miss the point. You can only play the victim when you truly are a victim. You owe Mr. Rowell a written apology. This is not about me, but about you and your inability to treat people with respect and courtesy and now your having gone way over the line. You have a choice. You can submit a sincere written apology to Mr. Rowell through me, or you can wait to be served a defamation lawsuit by Mr. Rowell and deal with his attorneys. Your choice. My deadline still stands. On Wed, Oct 16, 2013 at 8:49 PM, jeff gomes <kalaniaomes(ahawailantel.net> wrote: 4 Ted, t Your continued anger and hate towards me and my family are clear and I beg you to forgive me. I hope it is just your job and not the way you truly feel ' towards me and my family. Ever since Eric Boyd took pictures of my home while my wife and daughter were getting dressed to go out for the day, posted it on the internet for your supporters to target and vandalize my property and two days later when you attacked me at my home in front of Jeff Darrow, Theresa Dunham and my neighbors our life has been a living hell. The vandalism to our property finally subsided a few months ago and I beg you not to have your supporters start up again as we live in constant fear of "when will they make their way up to our house." I am at your mercy and will do as you say. I am seriously reassessing my position as you advised and ask you to please SPP No. 12-000138 Page No. 003609 send me a sample apology letter that I may use a guide in hopes that I may possibly appease you. This is my first contested case hearing and hopefully my last. I am not sure what appropriate behavior is in and around the hearing, but if you send me a guide I promise to study it and try my best to abide by it. My family and I live in constant fear of when you or one of your supporters will show up again at our home and hope it never escalates to that level. Please accept my apology for making you upset and try to find it in your heart not to target me and my family. Again I hope it is just your job to target someone in the community and not the way you truly feel about us. Until last year, I had no idea how important Phillip Rowell's testimony and work are to my family, neighbors and myself. He has the ability to save lives. He is I a very, very important person and I recognize that. I have attached photos of todays accident on Kaumana Drive. I look forward to your sample letter, guide lines and hope that someday in the future you might again welcome me as a sign waver at your next campaign. Aloha, Jeff Gomes Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahiwa Street #1 Kea'a u, HI 96749 (808) 987-64RA, www.hawaiibookmarks_com on Oct 16, 2013, Ted Hong <tedetedhonglaw.com> wrote: Mr. Gomes, that is NOT an apology or anything close to it. I don't know what Kind of game you think you're playing. But your email was published to a wide number of sources to which Mr. Rowell routinely submits reports to. His reputation and standing in that professional community is important to his livelihood. Your defamatory statements are patently offense, insulting and that you published them to people in the planning profession is reprehensible. You better seriously reassess your position on this and my deadline for a formal written apology to Mr. Rowell still stands. s Ted H. S. Hong On Wed, Oct 16, 2013 at 10:52 AM, jell gomes > wrote: Sorry Phillip. Aloha, Jeff Gomes SPP No. 12-000138 Page No. 003610 Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahiwa Street #1 Kea'au, HI 96749 (808) 987__-6488 'v+ww.hawaiibookmarks.com on Oct 16, 2013, Ted Hong <tpd@tehonglaw.com> wrote: Mr. Gomes, your intemperate response is defamatory and actionable. i Mr. Rowell is a well known traffic engineer and has worked on many projects including Mr. Fuke's last project on Kaumana Drive. Your statements are offensive and insulting and I expect a written apology from you. If you cannot control yourself and act appropriately, or with some courtesy in these proceedings, I suggest you withdraw from these proceedings. If you fail to submit a written apology to Mr. Rowell to me by 2:00 p.m., October 18, 2013, I will advise Mr. Rowell about his legal options. Ted H. S. Hong f i i i c On Tue, Oct 15, 2013 at 4:47 PM, Sue Lee Loy of TedHongLaw > wrote: Dear Hearing Officer Song: Attached please see the Applicants request for additional hearing date. 4 Sue Lee Loy, Legal Assistant Law Office of Ted Hong, Esq. Tel:808,933,1919 emaiLsue.leelo ct hotmail-com Please consider the environment before printing this email. This email may contain information that is strictly confidential. The contents of this email are intended only for the recipients) listed f above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges. SPP No. 12-000138 Page No. 003611 From: Ted Hona To: jcff ornes;TedHonaLaw--Sue:Self.Amy:Arai_Darvn; Darrow.Ieff;sandrasnnaftawaiianteLnet;carter Subject: Re:Connecdons Contested Case-SP No. 12-00138-Request for additional hearing date Date: Thursday,October 17,2013 9:14:24 AM Mr. Gomes, I have no idea (video) what you are talking about. I do not work for you. If you didn't understand earlier, let me again repeat, you need to submit a sincere, written apology to Mr. Rowell. Again, you chose to defame Mr. Rowell, you need to correct what you did or accept the consequences of your actions. On Thu, Oct 17, 2013 at 8:58 AM, jeff gomes <kalanigomesehawaliantel,net> wrote: Ted, Your threat has been received and I feel threatened. I am seriously reassessing my position as you advised and ask you to please send me a sample apology letter that I may use a guide in hopes that I may possibly appease you. If it is not to much trouble would you be so kind and remove the video from the internet which targets my home. Jeff Games Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahiwa Street #1 Kea'au, HI 96749 (808) 987-6488 www.hawaiibookmarks.com on Oct 17, 2013, Ted Hong <ted6DLCdhQnglA)&,com> wrote: Mr. Games, again, you completely miss the point. You can only play the victim when you truly are a victim. You owe Mr. Rowell a written apology. This is not about me, but about you and your inability to treat people with respect and courtesy and now your having gone way over the line. You have a choice. You can submit a sincere written apology to Mr. Rowell through me, or you can wait to be served a defamation lawsuit by Mr. Rowell and deal with his attorneys. Your choice. My deadline still stands, On Wed, Oct 16, 2013 at 8:49 PM, jeff gomes <kalanigomesfcl�hawaiiantei.net> wrote: Ted, Your continued anger and hate towards me and my family are clear and I beg you to forgive me, I hope it is just your job and not the way you truly feel towards me and my family. Ever since Eric Boyd took pictures of my home while my wife and daughter were getting dressed to go out for the day, posted it on the internet for your supporters to target and vandalize my property and two days later when you attacked me at my home in front of SPP No. 12-000138 Page No. 003612 Jeff Darrow, Theresa Dunham and my neighbors our life has been a living hell. The vandalism to our property finally subsided a few months ago and I beg you not to have your supporters start up again as we live in constant fear of "when will they make their way up to our house." I am at your mercy and will do as you say. I am seriously reassessing my position as you advised and ask you to please send me a sample apology letter that I may use a guide in hopes that I may possibly appease you. This is my first contested case hearing and hopefully my last. I am not sure what appropriate behavior is in and around the hearing, but if you send me a guide I promise to study it and try my best to abide by it. My family and I live in constant fear of when you or one of your supporters will show up again at our home and hope it never escalates to that level. Please accept my apology for making you upset and try to find it in your heart not to target me and my family. Again I hope it is just your job to target someone in the community and not the way you truly feel about us. Until last year, I had no idea how important Phillip Rowell's testimony and work are to my family, neighbors and myself. He has the ability to save lives. He is a very, very important person and I recognize that. I have attached photos of todays accident on Kaumana Drive. I look forward to your sample letter, guide lines and hope that someday in the future you might again welcome me as a sign waver at your next campaign. Aloha, Jeff Gomes Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahiwa Street #1 Kea au, HI 96749 _. (808) 987-6488 on Oct 16, 2013, Ted Hong <tedittedhonglaw.com> wrote: Mr. Gomes, that is NOT an apology or anything close to it. I don't know what kind of game you think you're playing. But your email was published to a wide number of sources to which Mr. Rowell routinely submits reports to. His reputation and standing in that professional community is important to his livelihood. Your defamatory statements are patently offense, insulting and that you published them to people in the planning profession is reprehensible. You better seriously reassess your position on this and my deadline for a formal written apology to Mr. Rowell still stands. Ted H. S. Hong SPP No. 12-000138 Page No. 003613 On Wed, Oct 16, 2013 at 10:52 AM, Jeff gomes <kalanoaomes.(a)hawaliantel net> wrote: Sorry Phillip. Aloha, Jeff Gomes Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahiwa Street #1 Kea'au, HI 96749 (808) 987-64a8 www.hawaiibookmarks.com on Oct 16, 2013, Ted Hong <ted@tedbQnglaw.com> wrote: Mr. Gomes, your intemperate response is defamatory and actionable. Mr. Rowell is a well known traffic engineer and has worked on many projects including Mr. Fuke's last project on Kaumana Drive. Your statements are offensive and insulting and I expect a written apology from you. If you cannot control yourself and act appropriately, or with some courtesy in these proceedings, I suggest you withdraw from these proceedings. If you fail to submit a written apology to Mr. Rowell to me by 2:00 p.m., October 18, 2013, 1 will advise Mr. Rowell about his legal options. Ted H. S. Hong On Tue, Oct 15, 2013 at 4:47 PM, Sue Lee Loy of TedHongLaw <sue(@tedhonglaw.com> wrote: Dear Hearing Officer Song: Attached please see the Applicants request for additional hearing date. Sue Lee Loy, Legal Assistant i Law Office of Ted Hong, Esq. Tel:808.933.1919 - email Please consider the environment before printing this email. This email may contain information that is strictly confidential. The contents of this email are intended only for the recipient(s) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of e SPP No. 12-000138 Page No. 003614 I ' this message is not intended to waive any applicable privileges. w SPP No. 12-000138 Page No. 003615 From: To: sandrasona0hawalfantel.net:Selfmy:jdar ;Jeff games;Carter Siu;Daryn Arad;Ted Hono.Gina Lum: Holly.T.Shikada®hawall.onv:Ku31ii.]ennlfet Subject Connections Contested Cased-SP No. 12-00136-Applicant]oknt Pre-Hearing Brief Date: Thursdayr October 17,2013 9:56;54 AM Attachments, Anolirants]Dint PrgHgarina Brief.ndf Dear Hearings Officer Song: Attached please find Applicant Connections and CBESS Joint Pre-Hearing Brief. Sue Lee Loy, Legal Assistant Law Office of Ted Hong, Esq. Tel:808.933.1919 email:sue.leeloyftotmail.com Please consider the environment before printing this email. This email may contain information that is strictly confidential. The contents of this email are intended only for the recipients) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges. SPP No. 12-000138 Page No. 003616 From: Aral_Daryn To: sandrasono0hawaliantel.net Ce: Darrow.Jeff Subject: FW:Connections CCH Date: friday,October 18,2013 12:16:51 PM Sandy, See potential additional hearing dates below(highlighted), which is reserved on first tome, First served basis. So let's get the parties to agree on multiple dates, and I will confirm availability later. Thanks Daryn Daryn S. Arai County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (808) 961-8142 Fax: (808)961-8742 email: darainco.hawaii.hi.us "Hawai'l County is an equal opportunity provider and employer" ............ From: Nomura, Sharon ,.,_....__....._..._...._......_-._._....... .._._. ____,._.__..._....__...___. ..._---...._.._......_..,___. Sent: Friday, October 18, 2013 12:14 PM To: Aral, Daryn Cc: Fujimoto, Phyllis; Darrow, Jeff Subject: RE: Connections CCH Aupuni Ceb,i r'avai9at le Nov. ZJ only State B Eiding Conferej cE Rooms A, B,k C avallab.e1bry 12,13,andr21. Reservation needs to be made as soon as passible otherwise someone else will take it, especially Aupuni Center. From: Arai, Daryn Sent: Friday, October 18, 2013 11:44 AM To: Nomura, Sharon Cc: Fujimoto, Phyllis; Darrow, Jeff Subject: Connections CCH Sharon, Please check Aupuni Center or State Building for availability for one extra day of CCH hearing for Connections. SPP No. 12-000138 Page No. 003617 The additional hearing date should be between: 1. November 11 thru 15; or 2. November 18 thru 22 Let me know what dates are available so we can inform the presiding officer at next week's meeting_ Thanks Oaryn SPP No. 12-000138 Page No. 003618 From: Sue-Lee Lev of TedHnngl aw To; sandracnnaftawaiiantel.net:Self,Amy"fdarmyy;ieff games Carter Slu:Darrn Arai;Ted Hang.Gina Lum: Holly.T.Shlkadaftawali.00y:Kualli,Jennifer Subject: Connedans New Century Public Charter School,SPP 12-000138 Date: Friday,Oc&&r 18,2013 5:28:22 PM Attachments: ]olnt PreHearino Brief.REVISED PAGE f0.ndf Dear Hearing Officer Song - Page 10 of our Joint PreHearing Brief contained a typo. At the bottom of page 10 under Rule 6-3(b)5(C) "Based upon the comments received from various public agencies, the following will be done to ensure that the proposed use shall burden public agencies," The statement should read as shall not burden public agencies. Attached please find our Revised Page 10. The Original and additional copies will be presented at the Contested Case Hearing. Aloha Piha Sue Sue Lee Loy, Legal Assistant Law Office of Ted Hang, Esq. Tel:808.933.1919 email: sue(&tedhor) law.com Please consider the environment before printing this email. This email may contain information that is strictly confidential. The contents of this email are intended only for the recipients) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges. SPP No. 12-000138 Page No. 003619 From: pPpp To: sa ndrasonaftawaliantel,net Subject: subpoena for Connections Date: Sunday,October 20,2013 11:22:11 AM Dear Ms. Song, I apologize for the short notice.* However, I just received the amended subpoena today, Sunday Oct 20. The original subpoena stated that my presence was required between 10:30AM-11:30AM on Tuesday Oct 22. I am a Physician Radiologist covering ER patients and inpatients at Hilo Medical Center that day.* I have blocked off time to be present as requested for the hour on the original subpoena. However, the amended subpoena now states the time to be "10:30AM or until such time your testimony may be heard".* It would be detriment to the healthcare coverage of the community if I did not return to Hilo Medical Center to perform my duties as a physician beyond 11:30AM as stated on the original subpoena. Please advise.*Thank you for your time. Ming Peng, MD Hawaii Radiologic Associates, Ltd Hilo, HI SPP No. 12-000138 Page No. 003620 From; p�q To: sandrasonaftaWpilantel net Subject: Re[2]: subpoena for Connections Date: Monday,October 21,2013 8:32:18 AM Thank you. Ming Peng, MD Hawaii Radiologic Associates, Ltd Hilo, HI -----Original Message----- Subject: RE: subpoena for Connections From: "Sandra Song" <sandrasong@hawaiiantel.net> To: Peng <peng@hirad.com> Date: 2013/10/21 20:24:50 Dr. Peng, Based upon your circumstances, we will make certain to take your testimony at or around 10:30 a.m. on Tuesday, October 22, 2013. Sandra Song Hearing Officer Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: (BOB) 933-9212 Fax, (808) 935-4853 WARNING: This email message and any attachments may contain Information that Is privileged, confidential, and/or exempt from disclosure under applicable law. IF you are not the intended recipient or authorized agent For the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message In error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. -----Original Message----- From: Peng [mailtoaoeng(ahirad.com] Sent: Sunday, October 20, 2013 11:22 AM To: sandrasong@hawaliantel.net Subject: subpoena for Connections Dear Ms. Song, I apologize for the short notice.? However, I just received the amended subpoena today, Sunday Oct 20. SPP No. 12-000138 Page No. 003621 The original subpoena staked that my presence was required between 10:30AM-11:30AM on Tuesday Oct 22. 1 am a Physician Radiologist covering ER patients and inpatients at Hilo Medical Center that day.? I have blocked off time to be present as requested for the hour on the odglnal subpoena. However, the amended subpoena now states the time to be "10:30AM or until such time your testimony may be heard".? It would be detriment to the healthcare coverage of the community If I did not return to Hilo Medical Center to perform my duties as a physician beyond 11:30AM as stated on the original subpoena. Please advise.?Thank you for your time. Ming Peng, MD Hawaii Radiologic Associates, Ltd Hilo, HI SPP No. 12-000138 Page No. 003622 From; 6w-Qduo To; sa nd raso na fad h a w a i f a me I.n et Ca Darrow.Jeff:Ewwmntn.Phvlt3a Subject: Connections CCH-request far Intervention Rate: Monday,October 2a,2013 11:22:31)AM Sandy, Just got a verbal message from Terrence Yoshioka this morning that he would like to intervene in the proceedings. I would say"no"pursuant to Section 4-6(a)of the PC Rules of Practice and Procedure that states, 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 Planning Director and accompanied by a filing fee of two hundred dollars no later than seven calendar days, prior to e Commission's first meetiing 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. I would like to confirm this with you,and as presiding officer, protocol dictates that I forward his request to you for a formal determination since I, as staff, cannot make such decisions on my own. 1 can give him your thoughts, and to submit a written request to you if he wants to pursue it just to get things in the record. Let me know what you suggest. Thanks Daryn Daryn S. Arai County or Hawaii Planning Department Aupuni Center 101 Pauahl Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (808) 961-8142 Fax; (808) 961-8742 email: daralralco.hawall.hLus "Hawal'l County is an equal opportunity provider and employer" SPP No. 12-000138 Page No. 003623 From; Sandra Sono To: "tediatedhomlaw.com";"Carter.K.Siur6)hawaii.cm`"kalanlaornes(Mhawailantel.net";"sidfukeahawaiiantel.neC- "Amy Self" Cc: "dam iOm.hawaii.hi.us":"barrow. Jeff, ";uiimato.Phyllis" Subject: Connertlons New Century Public Oiarter School,SPP 12-000136 Date: Wednesday,October 30,2013 4:15:00 PM Parties, As you are aware,we continued the evidentiary hearing in the above-referenced case to November 12, 2013, in order to allow Ted Hong to call two witnesses who were unavailable for the hearing on October 21 and 22; Phillip Rowell, a Traffic Engineer,and Bobby Jean Leithead Todd, former planning director. We also agreed that since we were continuing the hearing, we would conduct a site inspection of the property. There was no request by any party to call other witnesses as part of their case in chief. Today I received a request from Mr. Hong's office to issue subpoenas for the attendance of additional witnesses, Sidney Fuke and Layne Novak. Both of these witnesses were named on Connections' witness list but were not called at the October 21 and 22 hearing. These subpoenas have not yet been issued because of technical errors in the documents, but I intend to sign these subpoenas once they are corrected and submitted in accordance with the Planning Commission rules. I am, however, concerned about the fairness of this proceeding to all parties. Accordingly,I am providing notice to all of the remaining parties that I will permit Mr. Gomes and Ms. Self to call any additional witnesses they choose to testify who were listed On their witness lists filed in this proceeding since Mr. Hong is intending to call witnesses in addition to Mr.Leithead Todd and Mr. Rowell, Since Mr.Siu has joined Mr. Hong with his presentation,I am assuming that he has no separate witnesses to call to testify at this proceeding. With respect to any further requests for the issuance of subpoenas,including the present request by Mr.Hong, please note that we are starting the hearing at 8:30 a.m. to take public testimony. anticipate the public testimony to take approximately 1/2 hour based upon the prior public testimony. We will then proceed to the site visit,and I anticipate returning to the State Building for the remainder of the testimony at approximately 10:30 a.m. Please be advised that I will not sign any subpoena requiring the appearance of any witness prior to 10:30 a.m. on November 12. 1 also ask that you refrain from having all witnesses subpoenaed appear at the same time. Also note that the Planning Commission rules require that requests for subpoenas must be submitted at least 5 working days prior to the hearing. For the October 21 and 22 hearing I received requests for issuance of subpoenas as late as the Friday before the hearing or 1 working day prior to the hearing, Please be advised that I will only sign and issue subpoenas for the November 12 hearing that are received in my office at least 5 working days prior to the hearing, or by November 5, 2013. Any request for a subpoena to be issued after November 5, 2013 will be rejected pursuant to the Planning Commission Rules. SPP No. 12-000138 Page No. 003624 Thank you for your cooperation. Sandra P.Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: (808)933-9212 Fax:(808) 935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, andfor exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003625 From: Sandra Snna To: "ted6tedheijallw.Mail"Carter.K.ShAhawaii.aov":"kalaniaoraeSaLbawailantel.net";"sidfukeQut awaiiantel.net": "Amy.Se Ce: "daraiOro.hawak.hLu5::."Darrow.Jeff":"ELAmoto.Phyllis` Subject: Connections New Century Public Charter School,SPP 12-000138 Date: Wednesday,October 30,2013 4:15:00 PM Parties, As you are aware,we continued the evidentiary hearing in the above-referenced case to November 12, 2013, in order to allow Ted Hong to call two witnesses who were unavailable for the hearing on October 21 and 22; Phillip Rowell,a Traffic Engineer,and Bobby Sean Leithead Todd,former planning director. We also agreed that since we were continuing the hearing, we would conduct a site inspection of the property. There was no request by any party to call other witnesses as part of their case in chief. Today I received a request from Mr. Hong's office to issue subpoenas for the attendance of additional witnesses,Sidney Fuke and Layne Novak. Both of these witnesses were named on Connections' witness list but were not called at the October 21 and 22 hearing. These subpoenas have not yet been issued because of technical errors in the documents, but I intend to sign these subpoenas once they are corrected and submitted in accordance with the Planning Commission rules. I am, however, concerned about the fairness of this proceeding to all parties. Accordingly, I am providing notice to all of the remaining parties that I will permit Mr. Gomes and Ms. Self to call any additional witnesses they choose to testify who were listed on their witness lists filed in this proceeding since Mr. Hong is intending to call witnesses in addition to Mr. Leithead Todd and Mr. Rowell. Since Mr.Siu has joined Mr. Hong with his presentation,I am assuming that he has no separate witnesses to call to testify at this proceeding. With respect to any further requests for the issuance of subpoenas,including the present request by Mr. Hong, please note that we are starting the hearing at 8:30 a.m.to take public testimony. I anticipate the public testimony to take approximately 1/2 hour based upon the prior public testimony. We will then proceed to the site visit, and I anticipate returning to the State Building for the remainder of the testimony at approximately 1030 a.m. Please be advised that I will not sign any subpoena requiring the appearance of any witness prior to 10:30 a.m, on November 12. l also ask that you refrain from having all witnesses subpoenaed appear at the same time. Also note that the Planning Commission rules require that requests for subpoenas must be submitted at least 5 working days prior to the hearing. For the October 21 and 22 hearing I received requests for issuance of subpoenas as late as the Friday before the hearing or 1 working day prior to the hearing. Please be advised that I will only sign and issue subpoenas for the November 12 hearing that are received in my office at least S working days prior to the hearing, or by November 5, 2013. Any request for a subpoena to be issued after November S, 2013 will be rejected pursuant to the Planning Commission Rules. SPP No. 12-000138 Page No. 003626 Thank you for your cooperation. Sandra P.Sang Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel.(808)933-9212 Fax: (808)935-4853 WARNING; This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the Intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system.Thank you. SPP No. 12-000138 Page No. 003627 From: Seff II0MRS To: sandrasono hawallantel.net Subject: Re: Connections New Century Public Charter School,SPP 12.000138 Date: Thursday,October 3I,2013 8:16:44 AM Hearings Officer, I object to Sidney Fuke and Layne Novak being issued subpoenas as I had made it clear at the pre hearing meeting that they would be assisting me, Other neighbors who received subpoenas had no new evidence and most who received a subpoena were just forced to sit out of the hearing and burdened with scheduling and printing extra ordinary amounts of email that was never submitted into evidence. If Sidney Fuke and Layne Novak must receive subpoenas and be on the witness list for Ted, then I request they be called first so they can assist me and not just be kept out of the hearing. Aloha, Jeff Gomes Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahiwa Street #1 Kea'au, HI 96749 (808) 987-6486 www.hawaiibookmarks.com on Oct 30, 2013, Sandra Song <sandrasong@a hawaiiantel.net> wrote: Parties, As you are aware, we continued the evidentiary hearing in the above-referenced case to November 12, 2013, in order to allow Ted Hong to call two witnesses who were unavailable for the hearing on October 21 and 22; Phillip Rowell, a Traffic Engineer, and Bobby Jean Leithead Todd, former planning director. We also agreed that since we were continuing the hearing, we would conduct a site inspection of the property. There was no request by any party to call other witnesses as part of their case in chief. Today I received a request from Mr. Hong's office to Issue subpoenas for the attendance of additional witnesses, Sidney Fuke and Layne Novak. Both of these witnesses were named on Connections' witness list but were not called at the October 21 and 22 hearing. These subpoenas have not yet been issued because of technical errors in the documents, but I intend to sign these subpoenas once they are corrected and submitted in accordance with the Planning Commission rules. SPP No. 12-000138 Page No. 003628 I am, however, concerned about the fairness of this proceeding to all parties. Accordingly, I am providing notice to all of the remaining parties that I will permit Mr. Games and Ms. Self to call any additional witnesses they choose to testify who were listed on their witness lists filed in this proceeding since Mr. Hong is intending to call witnesses in addition to Mr. Leithead Todd and Mr. Rowell. Since Mr. Siu has joined Mr. Hong with his presentation, I am assuming that he has no separate witnesses to call to testify at this proceeding. With respect to any further requests for the issuance of subpoenas, including the present request by Mr. Hong, please note that we are starting the hearing at 8:30 a.m. to take public testimony. I anticipate the public testimony to take approximately 1/2 hour based upon the prior public testimony. We will then proceed to the site visit, and I anticipate returning to the State Building for the remainder of the testimony at approximately 10:30 a.m. Please be advised that I Will not sign any subpoena requiring the appearance of any witness prior to 10:30 a.m. on November 12. I also ask that you refrain from having all witnesses subpoenaed appear at the same time. Also note that the Planning Commission rules require that requests for subpoenas must be submitted at least 5 working days prior to the hearing. For the October 21 and 22 hearing I received requests for issuance of subpoenas as late as the Friday before the hearing or 1 working day prior to the hearing. Please be advised that I will only sign and issue subpoenas for the November 12 hearing that are received in my office at least 5 working days prior to the hearing, or by November 5, 2013. Any request for a subpoena to be issued after November 5, 2013 will be rejected pursuant to the Planning Commission Rules. Thank you for your cooperation, Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: (808) 933-9212 Fax: (808) 935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or SPP No. 12-000138 Page No. 003829 authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message In error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003630 From: leff aamac To: sand rasonotalhawaiiantel.net Subject: Re: FW:Connections New Century Public Charter School,SPP 12-000138 Date: Thursday,October 31,2013 11:01:52 AM I apologize. I thought it went out automatically, Aloha, Jeff Gomes Owner Hawaii Bookmark Jeffs Work Bench 16-176 Melekahiwa Street #1 Kea'au, HI 96749 (BOB) 987-6488 www.hawaiibookmarks.com on Oct 31, 2013, Sandra Song <sandrasong@hawaiiantel.net> wrote; Mr. Gomes, This is to acknowledge receipt of your e-mail. I am forwarding your e-mail to all parties. In the future, if you are sending me any e-mail, please send copies to all parties. Thank you. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, WI 96720 Tel: (808)933-9212 Fax: (2K 935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication SPP No. 12-000138 Page No. 003631 is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. From: jeff gomes [malleorkalanigomes(&hawaiiantel.netl Sent: Thursday, October 31, 2013 8:17 AM To: ,podrasong(ftawallantel.net Subject: Re: Connecdons New Century Public Charter School, SPP 12-000138 Hearings Officer, I object to Sidney Fuke and Layne Novak being issued subpoenas as I had made it clear at the pre hearing meeting that they would be assisting me. Other neighbors who received subpoenas had no new evidence and most who received a subpoena were just forced to sit out of the hearing and burdened with scheduling and printing extra ordinary amounts of email that was never submitted into evidence. If Sidney Fuke and Layne Novak must receive subpoenas and be on the witness list for Ted, then I request they be called first so they can assist me and not just be kept out of the hearing. Aloha, Jeff Gomes Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahiwa Street #1 Kea'au, HI 96749 (808) 987-6488 www.hawaiibookmarks.com on Oct 30, 2413, Sandra Song > wrote: Parties, As you are aware, we continued the evidentiary hearing in the above-referenced case to November 12, 2013, in order to allow Ted Hong to call two witnesses who were unavailable for the hearing on October 21 and 22; Phillip Rowell, a Traffic Engineer, and Bobby Jean Leithead Todd, former planning director. We also agreed that since we were continuing the hearing, we would conduct a site inspection of the property. There was no request by any party to call other SPP No. 12-000138 Page No. 003632 witnesses as part of their case in chief. Today I received a request from Mr. Hong's office to issue subpoenas for the attendance of additional witnesses, Sidney Fuke and Layne Novak. Both of these witnesses were named on Connections' witness list but were not called at the October 21 and 22 hearing. These subpoenas have not yet been issued because of technical errors in the documents, but I intend to sign these subpoenas once they are corrected and submitted in accordance with the Planning Commission rules. I am, however, concerned about the fairness of this proceeding to all parties. Accordingly, I am providing notice to all of the remaining parties that I will permit Mr. Gomes and Ms. Self to call any additional witnesses they choose to testify who were listed on their witness lists Bled in this proceeding since Mr. Hong is intending to call witnesses in addition to Mr. Leithead Todd and Mr. Rowell. Since Mr. Siu has joined Mr. Hong with his presentation, I am assuming that he has no separate witnesses to call to testify at this proceeding. With respect to any further requests for the issuance of subpoenas, including the present request by Mr. Hong, please note that we are starting the hearing at 8:30 a.m. to take public testimony. I anticipate the public testimony to take approximately 1/2 hour based upon the prior public testimony. We will then proceed to the site visit, and I anticipate returning to the State Building for the remainder of the testimony at approximately 10:30 a.m. Please be advised that I will not sign any subpoena requiring the appearance of any witness prior to 10:30 a.m. on November 12. I also ask that you refrain from having all witnesses subpoenaed appear at the same time. Also note that the Planning Commission rules require that requests for subpoenas must be submitted at least 5 working days prior to the hearing. For the October 21 and 22 hearing I received requests for issuance of subpoenas as late as the Friday before the hearing or 1 working day prior to the hearing. Please be advised that I will only sign and issue subpoenas for the November 12 hearing that are received in my office at least 5 working days prior to the hearing, or by November 5, 2013. Any request for a subpoena to be issued after November 5, 2013 will be rejected pursuant to the Planning Commission Rules. Thank you for your cooperation. Sandra P. Song Attorney at Law 10 Kamehameha Ave. SPP No. 12-000138 Page No. 003633 Hilo, HI 96720 Tel: (808) 933-9212 Fax: (808) 935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable taw. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003634 From: Sandra Sonn To: "tedCaUt horolaw.mm";"QarterX5iu(aahaw3ii.00v":"kalanioomesfn)hawaiiantel.net":"sidfuke0hawaliantel.net"; "Amy Se11 CC: "darai1arn.fiawa1i.hi.i5":"narmw. 1Pff" "Fidimatn_Phyllis" Subject: FW:Connections New Century PutAic Charter School,SPP 12.000138 Date: Thursday,October 31,2013 9:13:00 AM Mr. Gomes, This is to acknowledge receipt of your a-mail. I am forwarding your e-mail to all parties. in the future, if you are sending me any e-mail, please send copies to all parties. Thank you. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel:(808)933-9212 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you, From:jeff gomes [mallto:kalanigomes@hawailantel.net] Sent: Thursday,October 31, 2013 8:17 AM To; sandrasong@hawaiiantel.net Subject: Re: Connections New Century Public Chatter School, SPP 12-000136 Hearings Officer, I object to Sidney Fuke and Layne Novak being issued subpoenas as I had made it clear at the pre hearing meeting that they would be assisting me. Other neighbors who received subpoenas had no new evidence and most who received a subpoena were just forced to sit out of the hearing and burdened with scheduling and printing extra ordinary amounts of email that was never submitted into evidence. if Sidney Fuke and Layne Novak must receive subpoenas and be on the witness list for Ted, then I request they be called first so they can assist me and not just be kept out of the hearing. Aloha, Jeff Gomes Owner Hawaii Bookmark Jeffs Work Bench SPP No. 12-000138 Page No. 003635 15-175 Melekahiwa Street 91 Kea'au, HI 96749 (808) 987-6488 www.hawaiibookmarks.coni on Oct 30, 2013, Sandra Song csandrasong(hawaiiantel.net> wrote: Parties, As you are aware, we continued the evidentiary hearing in the above-referenced case to November 12, 2013, in order to allow Ted Hong to call two witnesses who were unavailable for the hearing on October 21 and 22; Phillip Rowell, a Traffic Engineer, and Bobby Jean Leithead Todd, former planning director. We also agreed that since we were continuing the hearing, we would conduct a site inspection of the property. There was no request by any party to call other witnesses as part of their case in chief. Today I received a request from Mr. Hong's office to issue subpoenas for the attendance of additional witnesses, Sidney Fuke and Layne Novak. Both of these witnesses were named on Connections' witness list but were not called at the October 21 and 22 hearing. These subpoenas have not yet been issued because of technical errors in the documents, but I intend to sign these subpoenas once they are corrected and submitted in accordance with the Planning Commission rules. I am, however, concerned about the fairness of this proceeding to all parties. Accordingly,I am providing notice to all of the remaining parties that 1 will permit Mr. Gomes and Ms. Self to call any additional witnesses they choose to testify who were listed on their witness lists filed in this proceeding since Mr. Hong is intending to call witnesses in addition to Mr. Leithead Todd and Mr. Rowell. Since Mr. Siu has joined Mr. Hong with his presentation, I am assuming that he has no separate witnesses to call to testify at this proceeding. With respect to any further requests for the issuance of subpoenas, including the present request by Mr. Hong, please note that we are starting the hearing at 8:30 a.m. to take public testimony. I anticipate the public testimony to take approximately 112 hour based upon the prior public testimony, We will then proceed to the site visit, and I anticipate returning to the State Building for the remainder of the testimony at approximately 10:30 a.m. Please be advised that 1 will not sign any subpoena requiring the appearance of any witness prior to 10:30 a,m. on November 12. 1 also ask that you refrain from having al I witnesses subpoenaed appear at the same time. Also note that the Planning Commission rules require that requests for subpoenas must be submitted at least 5 working days prior to the hearing. For the October 21 and 22 hearing I received requests for issuance of subpoenas as late as the Friday before the hearing or 1 working day prior to the hearing. Please be advised that I will only sign and issue subpoenas for the November 12 hearing that are received in my office at least 5 working days prior to the hearing, or by November 5, 2013. Any request for a subpoena to be issued after November 5, 2013 will be rejected pursuant to the Planning Commission Rules. Thank you for your cooperation. Sandra P. Song Attomey at Law SPP No. 12-000138 Page No. 003636 10 Kamehameha Ave. Hilo, H1 96720 Tel: (808) 933-9212 Fax: (808) 935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003637 From: Arny SQIf Tot sandrasona0hawaliantel.net:iedatedhonalaw.cnm:Carter.K.Si1jQhawaii,=, a sidfuke(_ahawafl antel.net CC Aral.Daren:I&Mw_.Teff;Fulmotn.Phylo;Kualii.Jennifer Subject RE:Connections New Century Public Charter Schad,5PP 12-000138 Date: Thursday,October 31,2013 8:59:18 AM Hearing Officer Song and Parties, I only have one witness on my witness list, Duane Kanuha, the current Planning Director. Although Mr. Kanuha has already testified, I would like to call him as my witness at the next hearing to ask him only two questions. He will be available on November 12 after 10:30 a.m. -. __..------------ .______.__-_-_ ._ From: Sandra Song [mailto:sandrasong@hawaiiantel.net] Sent: Wednesday, October 30, 2013 4:16 PM To: tied@tedhonglaw.mm; Carter.K.Siu@hawafi.gov; kalanigomes@hawaliantel.net; sfdfuke@hawaiiantel.net; Self, Amy Cc: Arai, Daryn; Darrow,Jeff; Fujimoto, Phyllis Subject: Connections New Century Public Charter School,SPP 12-000138 Parties, As you are aware,we continued the evidentiary hearing in the above-referenced case to November 12,2013, in order to allow Ted Hong to call two witnesses who were unavailable for the hearing on October 21 and 22; Phillip Rowell,a Traffic Engineer,and Bobby Jean Leithead Todd, former planning director. We also agreed that since we were continuing the hearing, we would conduct a site inspection of the property. There was no request by any party to call other witnesses as part of their case in chief, Today I received a request from Mr. Hong's office to issue subpoenas for the attendance of additional witnesses, Sidney Fuke and Layne Novak. Both of these witnesses were named on Connections` witness list but were not called at the October 21 and 22 hearing. These subpoenas have not yet been issued because of technical errors in the documents, but I intend to sign these subpoenas once they are corrected and submitted in accordance with the Planning Commission rules. I am, however,concerned about the fairness of this proceeding to all parties. Accordingly, I am providing notice to all of the remaining parties that I will permit Mr.Gomes and Ms. Self to call any additional witnesses they choose to testify who were listed on their witness lists filed in this proceeding since Mr. Hong is intending to call witnesses in addition to Mr. Leithead Todd and Mr. Rowell. Since Mr.Siu has joined Mr. Hong with his presentation, I am assuming that he has no separate witnesses to call to testify at this proceeding. With respect to any further requests for the issuance of subpoenas, including the present request by Mr. Hong,please note that we are starting the hearing at 830 a.m. to take public testimony. I SPP No. 12-000138 Page No. 003638 anticipate the public testimony to take approximately 1/2 hour based upon the prior public testimony. We will then proceed to the site visit,and I anticipate returning to the State Building for the remainder of the testimony at approximately 10:30 a.m. Please be advised that I will not sign any subpoena requiring the appearance of any witness prior to 10:30 a.m. on November 12. 1 also ask that you refrain from having all witnesses subpoenaed appear at the same time. Also note that the Planning Commission rules require that requests for subpoenas must be submitted at least 5 working days prior to the hearing. For the October 21 and 22 hearing I received requests for issuance of subpoenas as late as the Friday before the hearing or 1 working day prior to the hearing. Please be advised that I will only sign and issue subpoenas for the November 12 hearing that are received in my office at least 5 working days prior to the hearing, or by November 5, 2013. Any request for a subpoena to be issued after November 5, 2013 will be rejected pursuant to the Planning Commission Rules. Thank you for your cooperation. Sandra P.Song Attorney at Law 10 Kamehameha Ave. Nilo, H1 96720 Tel: (808)933-9212 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003639 From: Aral._Danm To: sa ndrasonof:n hawaliantel.net Cc: &Mmom._P_hvllis;Darrow.]elf Subject: Connections New Century Public Charter School/CBE55 SPP Contested Case-Yoshloka Petition for Intervention Date: Tuesday,November 05,2013 1:31:12 PM Attachments: COR-13•QRR376.nrIf Sandy, Please find attached a copy of the petition for standing in a contested case proceeding submitted by Terence Yoshioka on November 4, 2013 along with the required filing fee. I have not redacted personal information like mailing address and phone number,check, etc. If you wish me to white-out these bits of info before you release to parties, let me know. Thanks Daryn Daryn S. Aral County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (808) 961-8142 Fax: (BOB)962-8742 email: darairaco.hawaii.hl.us "Hawai'i County is an equal opportunity provider and employer" SPP No. 12-000138 Page No. 003640 From: Arai. narvn To; u n Subject: Petition for Intervention Date: Tuesday,November 05,2013 3:23:20 PM Attachments: COR-13.0138376.odf Sandy, Here is the petition without the check for the filing fee. Daryn Daryn S. Arai County of Hawaii Planning Department Aupuni Center 101 Pauaht Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (808) 951-8142 Fax: (808)961-8742 email: d4raifKBcoJ1awaii.hi.us 'Hawai'i County is an equal opportunity provider and employer" SPP No. 12-000138 Page No. 003641 From: Sue Lee!n of Tg Honnlaw To: Tedµono:sandiasonuahawaiiantei.net:Self.Amy Marmw ieff domes;Carter Sju QaDm Aral"KuahL ]ennder; HoW.T.Shikmdallohawaih.noy Subject Re:Connections New Century Public Charter School,SPP 12-000138 Date: Tuesday,November 05,2013 3:13:39 PM Attachments: Errata to]alnt Prehearlaa^f3rlef(Hong-Slu),odF Dear Hearing Officer Song: Per your instructions at the Oct. 21, 2013 hearing, attached please find Errata to Applicants Connections/CBESS Joint Pre-Bearing Brief and Certificate of Service. As always, should you have any questions, please feel free to contact Mr. Hong. Aloha Piha Sue On Wed, Oct 30, 2013 at 4:17 PM, Ted Hong <tedCcDtedhonglaw.com> wrote: ------ Forwarded message ---------- From: Sandra Song <sa ndrasona(M hawai!ante 1.net> Date: Wed, Oct 30, 2013 at 4:15 PM Subject: Connections New Century Public Charter School, SPP 12-000138 To: tedetedhonglaw.com. Carter.K.SiUehawaii.gov. , sidfukeftawaiiantel.net. Amy Self <asClf@)co.hawaii.hi.us> Cc: darai0co.hawaii.hims, "Darrow, Jeff' <idarrow(&co.hawaii.hi.us>, "Fujimoto, Phyllis" <pfujimoto(&co.hawaii.hi.us> Parties, As you are aware, we continued the evidentiary hearing in the above-referenced case to November 12, 2013, in order to allow Ted Hong to call two witnesses who were unavailable for the hearing on October 21 and 22; Phillip Rowell, a Traffic Engineer, and Bobby Jean Leithead Todd, former planning director. We also agreed that since we were continuing the hearing, we would conduct a site inspection of the property. There was no request by any party to call other witnesses as part of their case in chief. Today I received a request from Mr. Hong's office to issue subpoenas for the attendance of additional witnesses, Sidney Fuke and Layne Novak. Both of these witnesses were named on Connections' witness list but were not called at the October 21 and 22 hearing. These subpoenas have not yet been issued because of technical errors in the documents, but I intend to sign these subpoenas once they are corrected and submitted in accordance with the Planning Commission rules. I am, however, concerned about the fairness of this proceeding to all parties. Accordingly, I am providing notice to all of the remaining parties that I will permit Mr. Gomes and Ms. Self to call any additional witnesses they choose to testify who SPP No. 12-000138 Page No. 003642 were listed on their witness lists filed in this proceeding since Mr. Hong is Intending to call witnesses in addition to Mr. Lelthead Todd and Mr. Rowell. Since Mr. Siu has joined Mr. Hong with his presentation, I am assuming that he has no separate witnesses to call to testify at this proceeding. With respect to any further requests for the issuance of subpoenas, including the present request by Mr. Hong, please note that we are starting the hearing at 8:30 a.m. to take public testimony. I anticipate the public testimony to take approximately 1/2 hour based upon the prior public testimony. We will then proceed to the site visit, and I anticipate returning to the State Building for the remainder of the testimony at approximately 10:30 a.m. Please be advised that I will not sign any subpoena requiring the appearance of any witness prior to 10:30 a.m. on November 12. I also ask that you refrain from having all witnesses subpoenaed appear at the same time. Also note that the Planning Commission rules require that requests for subpoenas must be submitted at least S working days prior to the hearing. For the October 21 and 22 hearing I received requests for issuance of subpoenas as late as the Friday before the hearing or 1 working day prior to the hearing. Please be advised that I will only sign and issue subpoenas for the November 12 hearing that are received in my office at least 5 working days prior to the hearing, or by November 5, 2013. Any request for a subpoena to be issued after November 5, 2013 will be rejected pursuant to the Planning Commission Rules. Thank you for your cooperation. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tei: (808) 933-9212 Fax: (808)_935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited, If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003643 Sue Lee Loy, Legal Assistant Law Office of Ted Hong, Esq. Tel:808.933.1919 email: sue0tedhonglaw.com Please consider the environment before printing this email. This email may contain Information that is strictly confidential. The contents of this email are intended only for the recipients) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges. SPP No. 12-000138 Page No. 003644 From: Jeff comps Tu: sandrasona Ohawal iantel.net Cc: ;aself0ro.hawaii_hi_Us;tedna tedhonalaw.cam Subject: UPDATED WITNESS LIST Date: Wednesday,November 06,2013 12:41:54 AM A=Chments: IG WITNESStST UPb,,A7Fn.d= Dear Hearings Officer, This is my updated witness fist. Aloha, Jeff Gomes Owner Hawaii Bookmark Jeff's Work Bench 16-175 Melekahiwa Street #1 Kea'au, HI 96749 (808) 987-6488 www.hawaiibookmarks.com SPP No. 12-000138 Page No. 003645 From: Sandra Sona To: "tedQ , bonaW1y,s.4m°:"Carter.K.51WahawaJ.aov":"kalaninomes(alhawdantel.net":"sidfukenhawaiiantel.net": "Amy fir- cc: "daral6en hawali_hl.us":"Darrow.Jeff`:"Firiimeto.Phvlls" Subject: FW:Connecdons New Century Public Charter school,SPP 12-000138 Date; Wednesday,November 06,2013 2:31:00 PM Attachments: xeshioa-Petitionfnr_IntQrvention.odf Parties, received a copy of the attached Petition for Intervention from Terrence Yoshioka,which was submitted to the Planning Department on November 4, 2013, together with the required filing fee for intervention. The Corporation Counsel's office has informally advised us that as hearing officer I should be ruling on this petition. In light of the timing of this petition and the upcoming continued hearing of November 12, 2013, 1 am asking all of the parties to provide me with their response to this petition by 4:00 p.m.on Friday November 8, 2013. l will make a ruling on this matter as soon as I receive the responses from all parties, and will provide all of the parties with my response via e-mail. If I do not receive a response from any party by the deadline I have set, I will assume that the party not responding has no objection to this request. Please note that I have not included Mr. Yoshioka in this e-mail because I have not been provided with his e-mail address. I will, however, be forwarding a copy of this e-mail to him as soon as I obtain this e-mail address. Thank you for your cooperation. Sandra P.Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: (808)933-9212 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, andlor exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003646 From: Tad Hao To. sandrasonanhawaiiantel.net Cc: Carter Slu:tall games:sidfukesn�hawallarrtel.nat:Amy Self;Arai._Darm Darrow._3eff Fl 'moto, Phyllis Subject: Re: FW;Connections New Century Public Charter School,SPP 12-DDDL38 Date: Wednesday,November 06,2013 3:04:20 PM Thank you. I strongly object to this obvious tactic. This unfairly prejudices my client. First, we are near the end of our presentation and witnesses. Allowing intervention will expand the proceedings because I have the opportunity to call additional witnesses. Second, Mr. Yoshioka has had ample time to participate in this case. He testified twice before the Planning Commission and submitted his written legal opinion. He also testified at the hearing, helped craft questions for Mr. Gomes and even consulted with an active lawyer (presumably on more than one occasion) conceming what questions and strategy Mr. Gomes could have utilized. I would note that not only Mr. Fuke and Mr. Yoshioka Mr. Yoshioka has sat on his hands and only now tries to manipulate the process. I would also point out that in the subpoena duces tecum, some of the documents produced indicate that Mr. Yoshioka, Mr. Fuke, Mr. Gomes and others, have been strategizing, plotting and actively coordinating their case. There is nothing that Mr. Yoshioka has not done in this case, without being formally charged with practicing law without a license. Third, I have only been given this Petition now and not been adequately served under the rules. Fourth, this petition is untimely. Mr. Yoshloka was required to serve the Petition to Intervene before the hearing starts. He is obviously trying to create an appealable issue. I will submit a formal, written response. Ted On Wed, Nov 6, 2013 at 2:31 PM, Sandra Song < ndra5Qng0hawaiiantel_net> wrote: Parties, I received a copy of the attached Petition for Intervention from Terrence Yoshioka, which was submitted to the Planning Department on November 4, 2013, together with the required filing fee for interventlon. The Corporation Counsel's office has informally advised us that as hearing officer I should be ruling on this petition. In light of the timing of this petition and the upcoming continued hearing of November 12, 2013, I am asking all of the parties to provide me with their response to this petition by 4:00 p.m. on Friday November 8, 2013. �., SPP No. 12-000138 Page No. 003647 I will make a ruling on this matter as soon as I receive the responses from all parties, and will provide all of the parties with my response via e-mail. If I do not receive a response from any party by the deadline I have set, I will assume that the party not responding has no objection to this request. Please note that I have not included Mr. Yoshioka in this e-mail because I have not been provided with his e-mail address. I will, however, be forwarding a copy of this e-mail to him as soon as I obtain this e-mail address. Thank you for your cooperation. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: =8) 933-9212. Fax: (808) 935-4853 i WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. �.. SPP No. 12-000138 Page No. 003648 From: Ted Hono 70; S ndrasono91hawallanteLnet Ce: CaME Siu; Jeff pomPS;sidfukeRhawaliantei.net;Amy;elf.Arai. Damn; Darrow. to ,Fui'moto.Phyllis Subject; Re: FW:Connectlons New Century Puhllc Charter School,SPP 12-000138 Date: Wednesday,November 06,2013 3:09:15 PM I would also note that Mr. Yoshioka's affidavit was notarized on October 31, 2013. But they waited to file It until November 4, 2013. Instead of the professional courtesy of filing it on November 1, 2013. And if you compare the fonts on both Mr. Yoshioka's and Mr. Gomes' affidavit, whomever typed them, most likely the Nakamoto, Yoshioka and Okamoto law firm, had already prepared them. So there was no reason to wait until this late date to submit the Petition. Again, I will submit a formal, written response. On Wed, Nov 6, 2013 at 2:31 PM, Sandra Song <sandrasong@hawaiiantel.net> wrote: Parties, I received a copy of the attached Petition for Intervention from Terrence Yoshioka, which was submitted to the Planning Department on November 4, 2013, together with the required filing fee for intervention. The Corporation Counsel's office has informally advised us that as hearing officer I should be ruling on this petition, In light of the timing of this petition and the upcoming continued hearing of November 12, 2013, I am asking all of the parties to provide me with their response to this petition by 4:00 p.m. on Friday November S, 2013. I will make a ruling on this matter as soon as I receive the responses from all parties, and will provide all of the parties with my response via e-mail. If I do not receive a response from any party by the deadline I have set, I will assume that the party not responding has no objection to this request. Please note that I have not included Mr. Yoshioka in this e-mail because I have not been provided with his e-mail address. I will, however, be forwarding a copy of this e-mail to him as soon as I obtain this e-mail address. Thank you for your cooperation. Sandra P. Song SPP No. 12-000138 Page No. 003649 Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tei: 08), 39 3-9212 Fax; (,808) 935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003650 From: Sid FIIkP To: sandrasonoahawailantel.net:tedOtedhonoiaw.mm:Caner.K.Siuftawaii.aov:kalanlnomesLalhawaiiantel.net: )C cc: daral(Wm.hawair.hi.us:"1)ar w. teff_' "FoOmnfn Myl3}c" Subject: RE:eonnecUons New Century Public Charter School,SPP 12.000139 Date: Thursday,November 07,2013 1:54:17 PM Dear Ms. Song: The two subpoena signed by you were placed under my door today. Although not being personally served, I will acknowledge their receipt. The first relates to my appearance on Tuesday November 12,2013 beginning at 11:15 a.m. I will be there. I am totally dumbfounded and befuddled by the second one though—the Subpoena Duces Tecum. And here is where I would appreciate some clarification of the order to bring items with me, as it amounts to my bringing nearly everything i have done over the past 2 years. I think that is really over-reaching and, needless to say, borders on harassment. Let me list the ordered items with my comments: 1. Curriculum Vitae - okay, although it is not updated but one that I have provided to those who request. 2. All reports,opinions, etc. that I have authored,co-authored, provided data for the past 2 years relating of HR5 343. This relates to the EIS law. I have not prepared any Chapter 343 EA during this period. However,as part of client due diligence—which is PROPRIETARY—I have provided information relating to HRS 343. What do you want me to do with those proprietary document? 3. All reports, etc. relating to Chapter 205A. This relates to the Special Management Area requirement. I have prepared and processed a number of major and minor SMA applications during this period. What relevance does this have,inasmuch as the subject request is for a Special Permit and not SMA? Then,too, some of my due diligence work for clients involved discussions relating to the SMA requirement. Do I produce ALL of the SMA applications that I have prepared...and what of the proprietary,due diligence work? 4. All reports, etc. relating to HAR Section 15 relating to the Land Use Commission. I have not prepared any applications, although like the above, have provided information to clients on a proprietary basis to clients. Do I provide these products? 5, All reports,etc, relating to HAIR Section 15 relating to the LUC. Same response as#4. 6. All reports,etc. relating to Special Permit. Same response and question as item #3. 7. All reports,etc. relating to Use Permit. Same response and question as item#3. 8. All reports,etc. relating to Variance. Same response and question as item 43. 9. All reports,etc. relating to Water Variance. Same response and question as item #3. 10, All reports,etc. relating to rezoning application. Same response and question as item #3. 11. All reports,etc. relating to SMA. Same response and question as item #3. 12. Any and all reports relating to Connections. I made two presentations to the Windward Planning Commission and these are already part of the record. Do you still want them? 13. Any and all correspondences from the"group Kaumana community association". One final note or question, is someone going to pay for the time to assemble almost all of my work the past two years and the copying costs? Thank you. Sid SPP No. 12-000138 Page No. 003651 From, Ied11ong To: Sid F„ke U. sandrasnnn hawailaneel.net:ca[WI,5hL• ppm;Amy Self,Aral_Darya:Darrow. toff;F„iffmotm Phyllis Subject: Re:Connections New Century Public Charter School,SPP 12-000138 Date: Thursday,November 07,2013 2:26:32 PM And I forgot to mention, that when I am allowed to cross examine and his refusal to bring documents pursuant to a lawful subpoena is confirmed under oath, I will be asking for the appropriate sanctions. On Thu, Nov 7, 2013 at 2:25 PM, Ted Hong <ted0tedhonglaw.com> wrote: Ms. Song: I submitted a subpoena for Mr. Nakamoto, because Mr. Nakamoto was the Notary for Mr. Yoshioka. We only received Mr. Yoshioka's affidavit yesterday. I ask you to reconsider the denial of the subpoena for Mr. Yoshioka. In terms of Mr. J'uke's objections, he can raise them at the hearing and I am surprised that someone of his wealth and stature would ask for money for his time in this important process. He has been directly bankrolling this litigation and I'm sure he would want to continue. My client is only obligated to pay for the mileage and witness fee. Thank you. On Thu, Nov 7, 2013 at 1:54 PM, Sid Puke <sidfukeQhawaiiantel.net> wrote: Dear Ms. Song: The two subpoena signed by you were placed under my door today. ` Although not being personally served, I will acknowledge their receipt. The first i relates to my appearance on Tuesday November 12, 2013 beginning at 11:15 a.m. I will be there. I am totally dumbfounded and befuddled by the second one though — the Subpoena Duces Tecum. And here is where I would appreciate some clarification of the order to bring items with me, as it amounts to my bringing nearly everything I have done over the past 2 years. I think that is really over- reaching and, needless to say, borders on harassment. Let me list the ordered items with my comments: F 1. Curriculum Vitae - okay, although it is not updated but one that I have provided to those who request. 2. All reports, opinions, etc. that I have authored, co-authored, provided data for the past 2 years relating of HRS 343. This relates to the EIS law. I have not prepared any Chapter 343 EA during this period. However, as part of client due diligence — which is PROPRIETARY— I have provided information relating to HRS 343. What do you want me to do with those proprietary document? 3. All reports, etc, relating to Chapter 205A. This relates to the Special Management Area requirement. I have prepared and processed a number of major and minor SMA applications during this period. What relevance does this SPP No. 12-000138 Page No. 003652 have, inasmuch as the subject request is for a Special Permit and not SMA? Then, too, some of my due diligence work for clients involved discussions relating to the SMA requirement. Do I produce ALL of the SMA applications that I have prepared...and what of the proprietary, due diligence work? 4. All reports, etc. relating to HAIR Section 15 relating to the Land Use Commission. I have not prepared any applications, although like the above, have provided information to clients on a proprietary basis to clients. Do I provide these products? 5. All reports, etc. relating to HAIR Section 15 relating to the LUC. Same response as #4. i 6. All reports, etc. relating to Special Permit. Same response and question as item # 3. 7. All reports, etc. relating to Use Permit. Same response and question as i item #3. B. All reports, etc. relating to Variance. Same response and question as item f #3. 9. All reports, etc. relating to Water Variance. Same response and question as item #3. 10. All reports, etc. relating to rezoning application. Same response and question as item #3- 11. All reports, etc. relating to SMA. Same response and question as item #3. 12. Any and all reports relating to Connections. I made two presentations to the Windward Planning Commission and these are already part of the record. Do you still want them? 13. Any and all correspondences from the "group Kaumana community association". One final note or question, is someone going to pay for the time to assemble almost all of my work the past two years and the copying costs? Thank you. Sid ' I ' f SPP No. 12-000138 Page No. 003653 From: Ted Hono To: Sid Fuke Cc: candrasnnp(ahawallantel.net,tartar SIL31 leff nnmAs AMU Self:Atai.baron:Qarmw.]eff• p hyfJ1s Subject Re: Connections New Century Public Charter School,SPP 12-000138 Date: Thursday,November 07,2013 2:25:02 PM Ms. Song: I submitted a subpoena for Mr. Nakamoto, because Mr. Nakamoto was the Notary for Mr. Yoshioka. We only received Mr. Yoshioka's affidavit yesterday. I ask you to reconsider the denial of the subpoena for Mr. Yoshioka. In terms of Mr. Fuke's objections, he can raise them at the hearing and I am surprised that someone of his wealth and stature would ask for money for his time in this important process. He has been directly bankrolling this litigation and I'm sure he would want to continue. My client is only obligated to pay for the mileage and witness fee. Thank you. On Thu, Nov 7, 2013 at 1:54 PM, Sid Fuke <sidfuke@lhawaiiantel.net> wrote: Dear Ms. Song: The two subpoena signed by you were placed under my door today. Although not being personally served, I will acknowledge their receipt. The first relates to my appearance on Tuesday November 12, 2013 beginning at 11:15 a.m. I will be there. I am totally dumbfounded and befuddled by the second one though -- the Subpoena Duces Tecum. And here is where I would appreciate some clarification of the order to bring items with me, as it amounts to my bringing nearly everything I have done over the past 2 years. I think that is really over- ; reaching and, needless to say, borders on harassment. Let me list the ordered items with my comments: 1. Curriculum Vitae - okay, although it is not updated but one that I have provided to those who request. 2. All reports, opinions, etc, that I have authored, co-authored, provided data for the past 2 years relating of HRS 343. This relates to the EIS law. I have not prepared any Chapter 343 EA during this period. However, as part of client due diligence — which is PROPRIETARY— I have provided information relating to HRS 343. What do you want me to do with those proprietary document? 3. All reports, etc. relating to Chapter 205A. This relates to the Special Management Area requirement. I have prepared and processed a number of major and minor 5MA applications during this period. What relevance does this have, inasmuch as the subject request is for a Special Permit and not SMA? "then, too, some of my due diligence work for clients involved discussions relating to the SMA requirement. Do I produce ALL of the SMA applications that I have prepared...and what of the proprietary, due diligence work? 4. All reports, etc, relating to HAR Section 15 relating to the Land Use .. SPP No. 12-000138 Page No. 003654 Commission. I have not prepared any applications, although like the above, have provided information to clients on a proprietary basis to clients. Do I pro►ride these products? S. All reports, etc. relating to HAR Section 15 relating to the LUC. Same response as #4. 6. All reports, etc. relating to Special Permit. Same response and question as item # 3, 7. All reports, etc. relating to Use Permit. Same response and question as item #3. S. All reports, etc. relating to Variance. Same response and question as item #3. 9. All reports, etc. relating to Water Variance. Same response and question as item #3. 10. All reports, etc. relating to rezoning application. Same response and question as item #3. 11. All reports, etc, relating to SMA. Same response and question as item #3. 12, Any and all reports relating to Connections. I made two presentations to the Windward Planning Commission and these are already part of the record. Do you still want them? 13. Any and all correspondences from the "group Kaumana community association". One final note or question, is someone going to pay for the time to assemble almost all of my work the past two years and the copying costs? Thank you. Sid SPP No. 12-000138 Page No. 003655 From: Jeff games To. tedtattedhnnalaw.mm Cc: sandrasena0hawaliantel.n%;Carter.K.S1t1Qhawa€i.= cidfukPfthawai€antal.nat;asplf_Orn.hawal€.hLuua: daraifalm.hawa€€.hi.us_idaitn Qtn.hawall.hi.us:pJiia)otQftM.hg2W61.hL us Subject Re:M connections New Century Public charter School,SPP 12-000138 Date: Thursday,November 07,2013 2:31:30 AM Attachments: nhom-104APt nhnta-105.1PG Mr. Yoshioka did notarize the affidavit on October 31, 2013 and I was to notarize mine on November 1, 2013 and return it to him. Unfortunately, November 1, 2013, on my way to get my vehicle safety checked and the affidavit notarized, my vehicle was hit from behind at a high rate of speed. Luckily, the adults and the baby in the car that hit me were not injured, I was not badly Injured and the owner of the other car had insurance. I informed Mr. Yoshioka that I would not be able to continue for the day but did not realize I needed to inform Mr. Hong. Please remember that Kaumana Drive is very dangerous and lets all drive defensively. Aloha, Jeff Gomes Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahiwa Street #1 Kea'au, HI 96749 (808) 987-6488 www.hawaiibookmarks.com on Nov 06, 2013, Ted Hong <ted@tedhonglaw.com> wrote: I would also note that Mr. Yoshioka's affidavit was notarized on October 31, 2013. But they waited to file it until November 4, 2013. Instead of the professional courtesy of filing it on November 1, 2013, And if you compare the fonts on both Mr. Yoshioka's and Mr. Games' affidavit, whomever typed them, most likely the Nakamoto, Yoshioka and Okamoto law firm, had already prepared them. So there was no reason to wait until this late date to submit the Petition. Again, I will submit a formal, written response. On Wed, Nov 6, 2013 at 2:31 PM, Sandra Song <sandrasong hawaiii5ntel.net> wrote: Parties, I received a copy of the attached Petition for Intervention from Terrence Yoshioka, which was submitted to the Planning Department on November 4, 2013, together with the required filing fee for intervention. The Corporation Counsel's office has informally advised us that as hearing officer I should be ruling on this petition. SPP No. 12-000138 Page No. 003656 In light of the timing of this petition and the upcoming continued hearing of November 12, 2013, I am asking all of the patties to provide me with their response to this petition by 4:00 p.m. on Friday November 8, 2013. 1 I will make a ruling on this matter as soon as I receive the responses from all parties, and will provide all of the parties with my response via e-mail. If I do not receive a response from any party by the deadline I have set, I will assume that the party not responding has no objection to this request. Please note that I have not included Mr. Yoshioka in this e-mail because I have not been provided with his e-mail address. I will, however, be forwarding a copy of this e-mail to him as soon as I obtain this e-mail address. E Thank you for your cooperation. I I Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: - Y Fax: (808)__935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003657 From: Sandra Sonn To: SedAtedhonalaw.com":"Carter_K_SiuOhawaii.aov":"kalanioomesfalhawailantel.net";"sidfukefd:hawaiiantel.ner "Amy Seir CC: �dl(��� awaii.hi_us :"Darrow_3eft":"Futlmotn.Phy ttie Subject Connections New Century Public Charter School,SPP 12.000138 Date: Thursday,November 07,2013 3:39:00 PMI Dear Parties: I am scheduling a pre-hearing conference via telephone for tomorrow, October 8, 2013 at 3:15 p.m, to discuss some technical matters regarding the above-referenced contested case hearing. You can either participate by phone with the Planning Commission staff phoning you at the phone number they have for you,or you can attend by appearing at the Planning Department conference room. The time for this re-hearing conference is set for 3:15 p,m.since there is a Board of Appeals meeting where some of you may be present. There is also a State Bar Association continuing education class which runs until 3:00 p.m. If you can be reached at a different phone number please contact either Daryn or Jeff with your alternate number. I hope all of you can participate in this pre-hearing conference. However, if you are unable to attend, please contact Daryn or Jeff. Thank you. Sandra P.Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tei: (808)933-9212 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003658 Fram: Sue Lge Loy of Tedl-10"QLav To: sandrasonaftawallantel.ret:Teff gomes:1darrnw;Darvn Aral:Sdf. Amy rartgr&u nina tum; Holiv.T.Shikada0hawali.oev:Kuallf,hnnIfer Subject: Connections New Cenhiry Public Charter School,SPP 12-000138 Gate: Thursday,November 07,2013 8;16:37 AM Attachments: FOAMS-l ability Waiver Form(Access to_Prooertv].doc Dear Hearing Officer Song and Parties: As, discussed attached please find the Applicant's Relase and Indemnification Agreement for the Site Visit scheduled for November 12, 2013. All individuals shall execute a copy of this Relase prior to access onto the Property. Our office will also have additional copies available on November 12, 2013. Malama Pono Sue Sue Lee Loy, Legal Assistant Law Office of Ted Hong, Esq. Te1:808.933.1919 email: sue(&tedhonglaw,com Please consider the environment before printing this email. This email may contain information that is strictly confidential. The contents of this email are intended only for the recipients) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges. SPP No. 12-000138 Page No. 003659 From: Qarvn Arai To: Sono Sandra P. Subject: Connections Date: Thursday,November 07,2013 10:57:16 AM Connections. Go with 3pm teleconference. There is boa tmrw and Amy self needs to be there. Should Pau by mid afternoon. She can then run over to teleconf. Btw. Ted hong is at pc with us with his dient. Let me know if u want me to ask him when we break. Sent from Daryn's !Phone= SPP No. 12-000138 Page No. 003660 From: gmy SRI To; sandrasonot5hawaliantel.net:tedCattedhonalaw.com;Carter,K.Simehawaii.oav;kalanioomesnhawaifantel.net: Self.Amy CCS Aral. Dann;baEMV Jeff RArngto.Phvlllc; Kualh.Jennifer Subject: RE:Connections New Century Public Charter School,SPP 12.000138 Date: Thursday,November 07,2013 10:52:20 AM Dear Hearing Officer Song, In response to your request below, the Planning Director has no objection to the Petition for Intervention submitted by Terrence Toshioka to the Planning Department on November 4, 2013, From: Sandra Song [mailto:sandrasong@hawaiiantel.net] Sent: Wednesday, November 06, 2013 2:31 PM To: ted@tedhonglaw.com; Carter.K.Siu@hawail.gov; kala nigomes@hawalia ntel.net; sidfuke@hawaiiantel.net; Self, Amy Cc: Aral, Daryn; Darrow,Jeff; Fujimoto, Phyllis Subject: FW: Connections New Century Public Charter School,SPP 12-000138 Parties, I received a copy of the attached Petition for Intervention from Terrence Yoshioka,which was submitted to the Planning Department on November 4, 2013, together with the required filing fee for intervention. The Corporation Counsel's office has informally advised us that as hearing officer I should be ruling on this petition. In light of the timing of this petition and the upcoming continued hearing of November 12, 2013, i am asking all of the parties to provide me with their response to this petition by 4:00 p.m.on Friday November 8, 203.3. 1 will make a ruling on this matter as soon as I receive the responses from all parties, and will provide all of the parties with my response via e-mail. if I do not receive a response from any parry by the deadline I have set, I will assume that the party not responding has no objection to this request. Please note that I have not included Mr.Yoshioka in this e-mail because I have not been provided with his e-mail address. I will, however, be forwarding a copy of this e-mail to him as soon as I obtain this e-mail address. Thank you for your cooperation. Sandra P.Song Attorney at Law 3.0 Kamehameha Ave. Hilo, Hl 96720 SPP No. 12-000138 Page No. 003661 Tel:(808)9339212 Fax. (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, andlor exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003662 From: Sandra Sona To: "Daren Arai' Subject RE:Connectlom Date: Thursday,November 07,2013 12:36:00 PM Yes, please! Ask him if he is available for tel cont. at 3:15 p.m. tomorrow. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: (808) 933-9212 Fax: (808) 935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the Intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message In error, please Immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. -----Originaf Message----- From: Daryn Aral [ ] Sent: Thursday, November 07, 2013 10:57 AM To: Song Sandra P. Subject: Connections Connections. Go with Spm teleconference.There Is boa tmrw and Amy self needs to be there.Should Pau by mid afternoon. She can then run over to teleconf. Btw. Ted hong is at pc with us with his client. Leet me know if u want me to ask him when we break. Sent from Daryn's iPhone= SPP No. 12-000138 Page No. 003663 Front: To: sandrasong-0hawafiantel.net Ce: "Amy Seip'; �r�i l.�,} w il.hl.+x;"narrow. 3efC kafankoames(ahawaiiantel.net;"Fujimoto Ph IIs", s1dfukP0.hawallanw net tedfatedhonglaw.mm;Qna.M.tumralhawal'.1= Subject: Re: Connectlons New Century Public Charter School,SPP 12-000138 Date: Friday,November 08,2013 10:10:iq AM I am available via telephone. (808) 586-1255. Carter K. Siu Deputy Attorney General Education Division 235 S. Beretania Street, Rm 304 Honolulu, HI 96813 Phone: 586-1255 Fax 586-1488 Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information. Any review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From "Sandra Sang"<sandrasongGhawaiianlel.net> To <led®tedhonglaw.wm>,<Carter.K.5iu@hawaii gov>, <katanigomes®hawaljantel.net>, <sidfuke@hawaliantel ne(>."'Amy Selt"'<asett(Mm,hawaiLhl.us> Cc <darai®m.hawali hl.us>,"'Darrow,Jefr"<jdarro w®c0 hawaii.hi us>,"Fujimoto,Phyllis"'<pfujlmoto@co hawall.hi.us> Date 1110712013 0339 PM Subject Connections New Century Public Charter School,SPP 12-000138 Dear Parties: I am scheduling a pre-hearing conference via telephone for tomorrow, October 8, 2013 at 3:15 p.m.to discuss some technical matters regarding the above-referenced contested case hearing. You can either participate by phone with the Planning Commission staff phoning you at the phone number they have for you, or you can attend by appearing at the Planning Department conference room. The time for this re-hearing conference is set for 3:15 p.m, since there is a Board of Appeals meeting where some of you may be present. There is also a State Bar Association continuing education class which runs until 3:00 p.m. If you can be reached at a different phone number please contact either Daryn or Jeff with your alternate number. I hope all of you can participate in this pre-hearing conference. However, if you are unable to attend,please contact Daryn or Jeff. Thank you. Sandra P.Song SPP No. 12-000138 Page No. 003664 Attorney at Law 10 Kamehameha Ave. Hilo,HI 96720 Tel:J808)933-9212 Fax:(808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system.Thank you. t„ SPP No. 12-000138 Page No. 003665 From: To: sandraWagQhawafiantel.net:asel61am.hawaH.hl.us:kaladaornesfhawaifantel.net;dararwco.hawail.hi.us: 7da>T w(fto.hawall.hl.us: o CG Subiect3 Connections New Century Pubic Charter School,et al.Application for Special Permit Application;SPP No. 12- 000138 Date: Friday,November 08,2013 11.27:58 AM Attachments: MH'R,a ,,7 W Sandra P. Song, Esq., Hearings Officer 1 Ted H.S. Hong, Esq. I Amy Self, Esq. I Jeff Gomes I Daryn Arai and Jeff Darrow, Re: Connections New Century Public Charter School and Community Rased Education Support Services: Application for Special Permit Application No, 12-000138 Attached please find 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 November 8, 2013, for your review and records. Please note that a hard copy will be mailed to you via U.S. Mail, postage prepaid on November 8, 2013. Should there be any questions and/or comments, please do not hesitate to contact Carter K. Siu, Deputy Attomey General at 586-1255. Thank you very much for your time and attention to this matter. Gina Lum State of Hawaii Department of the Attomey General Education Division Telephone: (808) 586-1326 Facsimile: (608) 586-1488 Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information. Any review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. SPP No. 12-000138 Page No. 003666 From: Tedhnnataw--dd Ta: Ted Hone:TedMonoLaw--Sue;Christine Periatt:sandrasono0hawaiiantelmec;carter.k.siu Zhawaii.aov: asetff ce.hawall.hhus;halanioomes(iahawa0antel.net;darairalm.hawail.hLus:idarrowtutco.hawaii.hi.us: Subject: Sidney Fuke-Subpoena Date: Friday,November 08,2013 2:47:48 PM Attachments: Subrnena-Sidney FWkp R=M S fi e,Dedaration ruff Dear All, Please see the attached documents for your records. Thank You, Dd Castillo, Paralegal to Ted H.S. Hong P.O. Box 4217 Hilo, Hawaii 96720 Telephone: 808-933-1919 THE CONTENTS OF THIS TRANSMISSION MAY CONTAIN CONFIDENTIAL INFORMATION WHICH IS LEGALLY PRIVILEGED THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE ABOVE NAMED RECIPIENT(S). IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR PLEASE NOTIFY US IMMEDIATELY AND DELETE ALL COPIES, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE,COPYING,DISTRIBUTION OR THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS TRANSMISSION IS STRICTLY PROHIBITED SPP No. 12-000138 Page No. 003667 From: Teri Hnna To: carter Slu Cc: 'Amy Self;Arai.Damn:Darrow. Je;jeft ygme,;Fuitmoto.Phyllis;5�;Giaa Luta Subfeck: Re:Connections New Century Public Charter School,sPP 12-000138 Date: Friday,November D8,2013 3:23:08 PM I thought there was going to be a telephone conference, I have to leave the office no later than 4 pm today. Could you provide me another date and time since this looks like it will not happen today? On Fri, Nov 8, 2013 at 10:09 AM, <Carter.K.Siuftawaii.00v> wrote: I am available via telephone. (808) 586-1255. Carter K. Siu Deputy Attorney General Education Division 235 S. Beretania Street, Rm 304 Honolulu, HI 96813 Phone. 586-1255 Fax 586-1488 Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information. Any review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From "Sandra Song"c9andrasongatUftaiianlel Bel> To Jgd0Wb=law mm>,<Carter.K.Siu, awaii g2p.<kalaninoma54hawrajianlel LILt>,<sidtuke hawaiianiel net>,"Amy Self-<agglf0co ba=i'.hl us> Cc <darai0r o hawaii hi us>,"Darrow,Jefr'cidarrow(fto.hawnii_hi_us>,"Fujimoto,Phyllis"<af&motDrMco.hawaii hi us> Date 11/07/2013 03:39 PM Subject Connections New Century PuNic Charier School,SPP 12-000139 i Dear Parties: am scheduling a pre-hearing conference via telephone for tomorrow, October 8, 2013 at 3:15 p.m, to discuss some technical matters regarding the above-referenced contested case hearing. You can either participate by phone with the Planning Commission staff phoning you at the phone number they have for you, or you can attend by appearing at the Planning Department conference room. SPP No. 12-000138 - Page No. 003668 The time for this re-hearing conference is set for 3:15 p,m, since there is a Board of Appeals meeting where some of you may be present, There is also a State Bar Association continuing education class which runs until 3:00 p.m. If you can be reached at a different phone number please contact either Daryn or Jeff with your alternate number. I hope all of you can participate in this pre-hearing conference. However, if you are unable to attend, please contact Daryn or Jeff. Thank you. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: (S081 933-9212 Fax: ($08) 935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003669 From: TedhanTLaw--cid To: sandrasong0hawaiiantel.net;carter.k.siuOhawa"gov:asell` co.hawaii.hl.us; daralrchco.hawaii_hi.us:idarrow0ko.hawall.hLus:ala0@0Mhawaii.com;Christine Pergn;Tedlional-aw--Sue; Teri nn Subject Applicant CRESS Memorandum In Opposition to Pebtlon For Standing in a Contested Case Bearing filed on November 4,2013 Date: Friday,November 08,2013 12:49:37 PM Attachments: APPI]CANT CF SS MFMORANDI IM IN ORPMMON TO PF i 1 f ON FOR STANDING IN A CONTESTED CASE WEARING EILED ON NOVEMBER 4 2013.odf Dear All, Attached, please find the foregoing document for your review. Sincerely, Dd Castillo, Paralegal to Ted H.S. Hong P.O, Box 4217 Hilo, Hawaii 96720 Telephone: 808-933-1919 THE CONTENTS OF THIS TRANSMISSION MAY CONTAIN CONFIDENTIAL INFORMATION WHICH IS LEGALLY PRIVILEGED THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE ABOVE NAMED RECIPIENT(S) IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR PLEASE NOTIFY US IMMEDIATELY AND DELETE ALL COPIES YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE,COPYING,DISTRIBUTION OR THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS TRANSMISSION IS STRICTLY PROHIBITED SPP No. 12-000138 Page No. 003670 Fmm: Amy Self To: "Ted Fiona" $andrasong6hawaiiantel.net [e: "Carter Sid' "Jeff pnmeV':"Sid Fuke":Se[.Amy:Aral,Dawn:Darrow. Taff hiiimotn.Phyllis Subject: RE:Connections New Century Public Charter School,SPP 12-ODD138 Date: Monday,November 11,2013 4:38:16 PM I agree with Mr. Hoag suggestion. .............. From- Ted Hong [mailto:ted@tedhonglaw.com] Sent: Monday, November 11, 2013 12:19 PM To: sandrasong@hawaiiantel.net Cc: Carter Siu; Jeff games; Sid Fuke; Self, Amy; Arai, Daryn; Darrow, Jet/:; Fujimoto, Phyllis Subject: Re: Connections New Century Public Charter School, SPP 12-000138 Ms. Song: As you know, we've been getting a lot of rain lately and the property is pretty muddy. I suggest that if we agree to mediation, you postpone the site visit until the weather gets a bit better. Thanks, Ted Hong On Thu, Nov 7, 2013 at 3:39 PM, Sandra Song <sandrasongn.hawaiianiel.net> wrote: Dear Parties: I am scheduling a pre-hearing conference via telephone for tomorrow, October 8,2013 at 3:15 p.m. to discuss some technical matters regarding the above-referenced contested case hearing. You can either participate by phone with the Planning Commission staff phoning you at the phone number they have for you, or you can attend by appearing at the Planning Department conference room. The time for this re-hearing conference is set for 3:15 p.m. since there is a Board of Appeals meeting where some of you may be present. There is also a State Bar Association continuing education class which runs until 3:00 p.m. If you can be reached at a different phone number please contact either Daryn or Jeff with your alternate number. I hope all of you can participate in this pre-hearing conference. However, if you are unable to attend, please contact Daryn or Jeff. Thank you. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: (808) 933-9212 Fax: (808) 935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or SPP No. 12-000138 Page No. 003671 exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system, Thank you, SPP No. 12-000138 Page No. 003672 Fmm: Ted Hono To: sandrasono0hawaiia ntel.net Ce: Carter SIL[;NQS;Sid Fuke;Amv Self;Aral, Daum:Darrow.7efF;Fijimap._Phyhs Subject: Re: Connections New Century Public Charter School,5PP 12-000130 Date: Monday,November 11,2013 12:18:58 PM Ms. Song: As you know, we've been getting a lot of rain lately and the property is pretty muddy. I suggest that if we agree to mediation, you postpone the site visit until the weather gets a bit better. Thanks, Ted Hong On Thu, Nov 7, 2013 at 3:39 PM, Sandra Song <sandrasong0hawai1antel_net> wrote: Dear Partes: I am scheduling a pre-hearing conference via telephone for tomorrow, October 8, 2013 at 3:15 p.m. to discuss some technical matters regarding the above- referenced contested case hearing. You can either participate by phone with the Planning Commission staff phoning you at the phone number they have for you, or you can attend by appearing at the Planning Department conference room. The time for this re-hearing conference is set for 3:15 p.m. since there is a Board of Appeals meeting where some of you may be present. There is also a State Bar Association continuing education class which runs until 3:00 p.m. If you can be reached at a different phone number please contact either Daryn or Jeff with your alternate number. I hope all of you can participate in this pre-hearing conference. However, if you are unable to attend, please contact Daryn or Jeff. Thank you. Sandra P. Song F Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 SPP No. 12-000138 Page No. 003673 Tel: ($Q$-933-9217 Fax: (808) 935-4853 s WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt From disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. a .. SPP No. 12-000138 Page No. 003674 From: Ted Hona To: Amy CC: sandrasonn0hawaiiantel.net:Carter';u Jeff nomas;Sirs F"ki,Arai. !]a=narrow. Taff Fidimnm.Phyllis Subject: Re:Connections New Century Public charter School,5PP 12.000136 Date: Wednesday,November 13,2013 6:17:27 AM Ms. Song: Could you please provide me with Mr. Bess` contact information? Thanks On Mon, Nov 11, 2013 at 4:38 PM, Amy Self <aself2co.hawaii.hi.us> wrote: agree with Mr. Hong suggestion. From: Ted Hong [mailto:ted0tedhonglaw.com] Sent: Monday, November 11, 2013 12:19 PM To: sandrasong@hawaiiantel.net Cc: Carter Siu; jell gomes; Sid Fuke; Self, Amy; Arai, Daryn; Darrow, Jeff; Fujimoto, Phyllis Subject: Re: Connections New Century Public Charter School, SPP 12-000138 I Ms. Song: As you know, we've been getting a lot of rain lately and the property is pretty muddy. I suggest that if we agree to mediation, you postpone the site visit until the weather gets a bit better. Thanks, Ted Hong On Thu, Nov 7, 2013 at 3:39 PM, Sandra Song < > wrote: Dear Parties: I am scheduling a pre-hearing conference via telephone for tomorrow, October 8, 2013 at 3:15 p.m. to discuss some technical matters regarding the above- referenced contested case hearing. You can either participate by phone with the Planning Commission staff phoning you at the phone number they have for you, or you can attend by appearing at the Planning Department conference room. SPP No. 12-000138 Page No. 003675 The time for this re-hearing conference is set for 3:15 p.m. since there is a Board of Appeals meeting where some of you may be present. There is also a State Bar 1. Association continuing education class which runs until 3:80 p.m. If you can be reached at a different phone number please contact either Daryn or Jeff with your alternate number. I hope all of you can participate in this pre-hearing conference. However, if you are unable to attend, please contact Daryn or Jeff. Thank you. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: (808) 233-2212 Fax: (808) 93574853 WARNING: This email message and any attachments may contain information that is privileged, confidential, andfor exempt from disclosure under applicable law, If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003676 From: Sandra.Sano To: 'ZW tjQna";"Amy Selr:'Carter Siu":"Jeff comes":"Sod Fuke" Ce: "Aral. Daryn":"Darmw. left' " t�j1y�P5 �nl.rom Subject: RE:Connections New Century Public Charter School,SPP 12-000138 Date: Thursday,November 14,2013 10:35:DD AM Dear Parties, You can reach Steve Bess by phone at(808)987-9192 and by e-mail at lawbess(@aoi.com. I am sending Steve a copy of this e-mail. You can either contact him or he will be contacting you to discuss the parameters of the mediation and his fees for this work. Sandra P.Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: (808)933-9212 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law, If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sander by return email and delete the message and any attachments from your system. Thank you. From: Ted Hong [mallto:ted@tedhonglaw.com] Sent: Wednesday, November 13, 2013 8:17 AM To: Amy Self Cc: sandrasong@hawaiiantel.net; Carter Siu; jell gomes; Sid Fuke; Arai, Daryn; Darrow, Jeff; Fujimoto, Phyllis Subject: Re: Connections New Century Public Charter School, SPP 12-000138 Ms. Song: Could you please provide me with Mr. Bess' contact information? Thanks On Mon, Nov 11, 2013 at 4:38 PM, Amy Self wrote: I agree with Mr. Hong suggestion. T _. From: Ted Hong [mail to ted(altedhongiaw.corrt] Sent: Monday, November 11, 2013 12:19 PM To: sand rasongdhawailantelm Cc: Carter Siu; jeff gomes; Sid Fuke; Self, Amy;Arai, Daryn; Darrow,Jeff; Fujimoto, Phyllis Subject: Re: Connections New Century Public Charter School, SPP 12-000138 Ms. Song: As you Know, we've been getting a lot of rain lately and the property is pretty muddy. 1 suggest that if we agree to mediation,you postpone the site visit until the weather gets a bit better. SPP No. 12-000138 Page No. 003677 Thanks, Ted Hong On Thu,Nov 7, 2013 at 3:39 PM, Sandra Song<sandrasongnhawauantel.net> wrote: Dear Parties: I am scheduling a pre-hearing conference via telephone for tomorrow, October 8, 2013 at 3:15 p.m. to discuss some technical matters regarding the above-referenced contested case hearing. You can either participate by phone with the Planning Commission staff phoning you at the phone number they have for you., or you can attend by appearing at the Planning Department conference room. The time for this re-hearing conference is set for 3:15 p.m. since there is a Board of Appeals meeting where some of you may be present. There is also a State Bar Association continuing education class which runs until 3:00 p.m. If you can be reached at a different phone number please contact either Daryn or Jeff with your alternate number, I hope all of you can participate in this pre-hearing conference. However, if you are unable to attend, please contact Daryn or Jeff. Thank you. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: (808) 933-9211 Fax:X5.3 WARNING: This email message and any attachments may contain information that is privileged, confidential, andlor exempt from disclosure under applicable law. if you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003678 From: Ted Hono To: sand rasnno tut hawahantel,net Ce: Amy SAIF; ;Jeff gomes:Sid Fuke:Arai, ngr n)Darrow,Jeff:Fuj'mata._Phvllis;�a g.{prn Subject: Re: Connections New Century Public Charter Srhool,SPP 12-000138 Date: Friday,November 15,2613 1:35:65 PM Please note that pursuant to the hearing, I will be at Judge Hara's courtroom and available at 808.960.3156. The settlement conference is scheduled to begin at 2 and end at 4:30. Thanks On Thu, Nov 14, 2013 at 10:35 AM, Sandra Song <sandrasong(a hawaiiantel.net> wrote: Dear Parties, You can reach Steve Bess by phone at(848)887-9197 and by e-mail at lawbess(aaoI.=. I am sending Steve a copy of this e-mail, You can either contact him or he will be contacting you to discuss the parameters of the mediation and his fees for this work. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: (809)93 -921) Fax: 935-455a WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003679 From; Ted Hong [m ail to.ted@tedhonglaw.com Sent: Wednesday, November 13, 2013 8:17 AM To:Amy Self Cc: sandrasong0haw-affantel.ne Carter Siu; jeff games; Sid Fuke; Arai, Daryn; Darrow,Jeff, Fujimoto, Phyllis I Subject: Re: Connections New Century Public Charter School, SPP 12-000138 Ms. Song: Could you please provide me with Mr. Bess' contact information? Thanks On Mon, Nov 11, 2013 at 4:38 PM, Amy Self <asPlf(&co.hawaiI.hI.us> wrote: I agree with Mr. Hong suggestion. From: Ted Hong [mailto:ted(atedhonalaw.coml Sent: Monday, November 11, 2013 12:19 PM To: sandrasong0hawaiiantel.net Cc: Carter Su; jell games; Sid Fuke; Self, Amy; Arai, Daryn; Darrow, Jeff; Fujimoto, Phyllis Subject: Re: Connections New Century Public Charter School, SPP 12-000138 Ms. Song: As you know, we've been getting a lot of rain lately and the property is pretty muddy. I suggest that if we agree to mediation, you postpone the site visit until the weather gets a bit better. Thanks, Ted Hong On Thu, Nov 7, 2013 at 3:39 PM, Sandra Song <sand rasong(&h awaiia ntel.ne > wrote: Dear Parties: I am scheduling a pre-hearing conference via telephone for tomorrow, October 8, SPP No. 12-000138 Page No. 003680 2013 at 3:15 p.m. to discuss some technical matters regarding the above- referenced contested case hearing. You can either participate by phone with the Planning Commission staff phoning you at the phone number they have for you, or you can attend by appearing at the Planning Department conference room. r The time for this re-hearing conference is set for 3:15 p.m, since there is a Board 3 of Appeals meeting where some of you may be present. There is also a State Bar Association continuing education class which runs until 3:00 p.m. If you can be reached at a different phone number please contact either Daryn or Jeff with your alternate number. I hope all of you can participate in this pre-hearing conference. However, if you are unable to attend, please contact Daryn or Jeff. i Thank you. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: (808) 933-921.7 Fax: (808) 935-4853 WARNING: [ This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message In error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. E SPP No. 12-000138 Page No. 003681 From: Ted Hona To: jandrasonoahawallantel.net:lawhe5s0ao1.com:jeffoomes Aral. Darvn:Darrow. ]eff;Darter Siu:may; Sid Fuke Sohn Thatcher Subject: Connedons-Further Headng Date: Tuesday,December 31,2013 10:23:17 AM At this point, CBESS respectfully requests that the further hearing go on as scheduled. My client and Connections have been pushing for mediation, only to be asked to repeatedly delay the proceedings, with an uncertain date or deadline. All the while, Mr. Gomes and Mr. Fuke, use any delay in the proceedings to further attack my client's position. Additionally, I have not heard from Mr. Bess for over a week in terms of using the further hearing date for mediation. We would like to proceed with the further hearing as scheduled, If there is any remaining time, I suggest we use it to begin mediation, The Hearings Officer can close the record, pending mediation. If we can mediate, then she can issue her decision. So as far as my client is concerned, we request that we proceed with the further hearing. �G: We have a subpoena duces tecum to the Planning Department that was submitted to your office several weeks ago. Please sign it so we can have it served on the Planning Department, Thanks, Ted SPP No. 12-000138 Page No. 003682 From: Sandra Snnu To: Md bona","Jalytoseaguorn"s "teff mmes":"Arai.Oar-ye,marmz Jeff":"Carter Slu";"Self.Amy" aid Fuke"•"19hn_7hatcher' Subject: RE:Connections-Further Hearing Date: Tuesday,December 31,2013 11:02-DD AM Ted, I have not seen any subpoena duces tecum for the Planning Department. It has also been my practice to promptly sign and return all requested subpoenas. I would suggest that you check with your Staff about this matter. With respect to the hearing set for January 8, 2014, unless all of the parties agree to a continuance, the hearing will proceed as scheduled. Sandra P.Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel�(808)933-9212 Fax: (808)935-4853 WARNING? This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system.Thank you. From: Ted }long [mailto:ted@bedhonglaw.com] Sent: Tuesday, December 31, 2013 10:23 AM To: sandrasong@hawailantel.net; lawbess@aol,com; jeff gomes; Arai, Daryn; Darrow,Jeff; Carter Siu; Self, Amy; Sid Fuke; John Thatcher Subject: Connections - Further Hearing At this point, CBESS respectfully requests that the further hearing go on as scheduled. My client and Connections have been pushing for mediation,only to be asked to repeatedly delay the proceedings, with an uncertain date or deadline. All the while, Mr. Gomes and Mr. Fuke, use any delay in the proceedings to further attack my client's position. Additionally, I have not heard from Mr. Bess for over a week in terms of using the further hearing date for mediation. We would like to proceed with the further hearing as scheduled, if there is any remaining time, i suggest we use it to begin mediation. The Hearings Officer can close the record, pending mediation. If we can mediate, then she can issue her decision. So as far as my client is concerned, we request that we proceed with the further hearing. SPP No. 12-000138 Page No. 003683 -G: We have a subpoena duces tecum to the Planning Department that was submitted to your office several weeks ago. Please sign it so we can have it served on the Planning Department. Thanks, Ted SPP No. 12-000138 Page No. 003684 From: Sandra Sona To: "Aral.Daryn" Subject: FIE:Continued Connections Contested Case Hearing-January 22,2014 Date. Tuesday,January 14,20116:315-00 AM Daryn, I was not a work yesterday so sorry for the delay, The conference room at P& R is fine. Please reserve it. I'll call you today before I send out an e-mail to the parties. Sandy Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 TeL(808)933-9212 Fax: (808) 935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, andlor exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. From: Arai, Daryn [mailto:DARA1@co.hawall,hl.us] Sent: Monday, January 13, 2014 4:30 PM To: sandrasong@hawaiiantel.net Subject: RE., Continued Connections Contested Case Hearing -January 22, 2014 Sandy, Not sure if you got this. Need to inform the parties if this hearing date is acceptable. Thanks Daryn _ _ _._._..,.._.e .... From: Arai, Daryn Sent: Wednesday, January 08, 2014 5:21 PM To: 'sandrasong@hawallantel.net Cc: Darrow, Jeff; Fujimoto, Phyllis; Hata-Finley, Sarah; Cottle, Maija Subject: Continued Connections Contested Case Hearing -January 22, 2014 Sandy, Was able to contact Department of Parks and Recreation and reserved a conference room that is just as large as our big conference room. SPP No. 12-000138 f Page No. 003685 So I have it reserved for Wednesday,January 22, 2014 from 12 noon till 4:30pm. Let me know if there is anything else you will need to accommodate this continued meeting. Just remind the parties that due to the size of the conference room,our ability to accommodate a large public contingent will be very difficult. Thanks Daryn Daryn S. Aral County of Hawaii Planning Department Aupuni Center 101 Pauahl Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (808) 961-8142 Fax: (808) 961-8742 email; "Hawai'i County is an equal opportunity provider and employer" ,. SPP No. 12-000138 Page No. 003686 From: Sandra 5nnn To: ' "icalaniaomesfrnhawaliantel.net":"sidfuk&0awal'anteL nef 'Arm SPIE~ cc "•"DaEaB% Jeff';"Fuiimnto.Ph fis'"Steve Bess_1lawbm0)ao1.com5" Subject: connections New century Public Charter School,5PP 12-000138 Date: Tuesday,January 21,2014 2:58:00 PM I am writing to remind all of you that the continued hearing on the above-referenced matter is set for tomorrow,January 22,2014 at 1:30 p.m.in the County of Hawaii Parks& Recreation conference room, located at the Aupuni Center County Annex. If you not certain about the location of this conference room you can check in with the Planning Department and the staff will direct you to P& R. It is my understanding that this conference room is very small so that voice amplification equipment will not be set up. We will, however, have a court reporter present to transcribe the proceedings. Unless I hear to the contrary,it is my understanding that no further witnesses will be called by any of the parties. Please make certain to bring your calendars to this hearing because I anticipate setting deadlines for submission of proposed findings of fact. Thank you. Sandra P.Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel:(808)933-9212 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system. Thank you. SPP No. 12-000138 Page No. 003687 From: Zees To: Subject: Re: Connections New Century Public Charter School,SPP 12-000138 Date: Tuesday,January 21,2014 5:22:50 PM Thank you. Jeff Gomes Owner Hawaii Bookmark Jeffs Work Bench 16-175 Melekahiwa Street #1 Kea`a u, HI 96749 (808) 987-6488 www.hawalibookmarks.com on Jan 21, 2014, Sandra Song <sandrasong@hawaiiantel.net> wrote: I am writing to remind all of you that the continued hearing on the above- referenced matter is set for tomorrow, January 22, 2014 at 1:30 p.m. in the County of Hawaii Parks & Recreation conference room, located at the Aupuni Center County Annex. If you not certain about the location of this conference room you can check in with the Planning Department and the staff will direct you to P & R. It is my understanding that this conference room Is very small so that voice amplification equipment will not be set up. We will, however, have a court reporter present to transcribe the proceedings. Unless I hear to the contrary, it is my understanding that no further witnesses will be called by any of the parties. Please make certain to bring your calendars to this hearing because I anticipate setting deadlines for submission of proposed findings of fact. Thank you. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: (808) 933-9212 Fax: (808) 935-4853 SPP No. 12-000138 Page No. 003688 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. if you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sander by return email and delete the message and any attachments from your system. thank you. SPP No. 12-000138 Page No. 003689 From: Sandra Sohn To: "tedatedhonalaw.com":" "kalaniaemes(Mhawallantel.net:"sidruke0hawaJante1.net': „Amy Self' Cc "r1arai0m.hawai1_hLus":"Darmw. )erf "F�jlmnm. Phvllic" "dlxlekaetsr��hawailantel.net Subject: Connections New Century Pubile Charter School,SPP 12-NO138 Date, Wednesday,February 05,2014 5:40:00 PM Parties, If you plan to submit your proposed findings of fact in the above case to me via e-mail would you please send a copy of the proposed findings to my assistant Dixie Kaetsu. I will be out of the office beginning tomorrow, February 5, but Dixie will be able to forward the proposed findings to me. I've included Dixie in this e-mail so that you will have her address. Thank you for your cooperation in this matter, Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: (808)933-9212 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, andlor exempt from disclosure under applicable law. If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system.Thank you. SPP No. 12-000138 Page No. 003690 From: Jeff Comes To: sandrasonc30hawaiiantel.net;Cacwr.l(.Slu(&hawali.=a setfCalcn.hawall.hims;DARAIIoco.hawall.hi.us: ted0tedhonalaw.coln - - ---- Subject: JEFF GOMES FINDINGS OF FACTS Date: Wednesday,February 12,2014 1:44:17 PM Attachments: Games-Certificate of Sen+ice.odf Gomrs-PnmosPd FOFCOt-l.odf Jeff Gomes Owner Hawaii Bookmark 16-175 Melekahiwa Street #1 Kea'au, HI 96749 (808) 987-6488 www.hawaiibookmarks.com SPP No. 12-000138 Page No. 003691 From: Sue Lee Lev of TedHonoLaw To: rixiekaetsuChawaliantel.net:sandrasonaRhawaiiantel.net:S if pmv:teff oomPG;jdarrnw;Carter Slu DAM AMI;Ted Hona:Holtv.T.Shlkada0hawa1i.aev Subject Conne0ons SPP No. 12-000I38-Applicants Joint Proposed FoF/Cal-and Decision and REcommendation Date: Wednesday,February 12,2014 4:24:30 PM Attachments: Applicants joint Submission of Proposed M and CoL.odf Aloha - Attached please find Applicants Connection New Century Public Charter School and Community Based Educations Support Services (CBESS); Joint Proposed Findings of Fact, Conclusions of Law and Decision and Recommendation. Sue Lee Loy, Legal Assistant Law Office of Ted Hong, Esq. Tei:808.933.1919 email: suc@tcdhoncilaw.com Please consider the environment before printing this email. This email may contain information that is strictly confidential. The contents of this email are intended only for the recipient(s) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission, Delivery of this message is not intended to waive any applicable privileges. SPP No. 12-000138 Page No. 003692 From: pawn Aral To, tea( tedhonoiaw.mm;Carter.K.Siata7hawaiL=;UlaGJ2gMgg 51dfuke0hawa iantrl.net 2 Cc: "Darrow. I&E dixiekaenuOnhawaiiantel.net:sandrasonarohawaiiante#.ner,Masunana.Malparet; EemeiEa- fatbyj ane Subject: RE:Connections New Century Public Charter School,SPP 12-000138 Date: Monday,March 10,2014 12:43:47 PM Good afternoon,everyone. On behalf of Presiding Officer Sandra Song, I would like to ask that you all afford her till the end of this week for the delivery of her report and recommendation to the Windward Planning Commission and the parties. As you are aware,Mrs.Song had earlier disclosed to all of you the personal health challenges that she has been facing and will need this extra time to complete her report while she continues to look after her health. Please let me know if this will be an issue with any of the parties. Thank you for your understanding, Daryn Daryn S, Arai County of Hawaii Planning Department Aupunl Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (808) 961-8142 Fax. (808) 961-8742 email: daEalaco.hawai "Hawai'i County is an equal opportunity provider and employer" SPP No. 12-000138 Page No. 003693 From: Daren Arai To: ted3tedhonglaw.com;f artrr_K.S ina hawAiLaU;kalanloofrPrt%hawallantel.nnt'sidfuke(ahawaiiantel.net:"Amy Jf" Kanuha. Duane [c: "Darrow. 1eff".dlxiekaetsufo.haWfigntel.net:sandrasanaRhawaiiantel.net;Hata-Finley.Sarah:"Luno.MoIV; Masunaga.Margaret;FerrgJra,Cathy Subject: RE:Connections New Century Public Charter school,SPP 12-000138 Date: Wednesday,March 12,2014 4:22:03 PM Parties, This will confirm my telephone conversation with all of you today whereby all parties have agreed to postpone the upcoming April 3rd hearing on Connections New Century Public Charter School/CRESS, SPP 12-000138 to the Windward Planning Commission's May 1, 2014 meeting. I am certain that Presiding Officer Sandra Song is very appreciative of your generosity as she continues her journey towards good health. Likewise, I extend my heartfelt appreciation to all of you for your expressions of concern and goodwill. Please feel free to contact me should you have any questions. Daryn Daryn S. Arai County of Hawaii Planning Department Aupuni Center 101 Pauahl Street, Shite No. 3 Hlln, Hawaii 96720 Phone: (8013)961.8142 Fax: (808) 961-8742 email: daraMco.hawaii.hi.w; "Hawai'i County is an equal opportunity provider and employer" p SPP No. 12-000138 Page No. 003694 SPP No. 12-000138 CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL AND COMMUNITY BASED EDUCATION SUPPORT SERVICES MISCELLANEOUS CORRESPONDENCE s [ , SPP No. 12-000138 Page No. 003695 tY ar County of Hawai lig WINDWARD PLANNING COMIVIISSION Aupuni Centcr • 101 Pa mhi Swwt,Suite 3 • Hilo,Hswai'i 96720 Phone(808)961-8288 • 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 Edita Street Hilo,Hl 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 TMK: 2-5-006:141; Kaumana, South Hilo`Hawai`i We would like to announce that the Windward Planning Commission has retained Sandra Pechter Song, Esq. to serve as hearings officer for the contested case hearing in the above- entitled matter. The selection of Mrs. Song was done in accordance with the State Public Procurement Code, Section 103D, Hawai'i Revised Statutes. HaKai'l County is an Equal Opportunity Provider and Emplo.wr a SPP No. 12-000138 Monica Morris, Esq. Page No. 003696 Ted H. S. Hong, Esq. Amy Self, Esq. Mr. Jeff Gomes Page 2 July 12, 2013 Mrs. Song will be contacting all of the parties who have 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, ezWallace A. 1Vhibashi,Jr., Chairman_ Windward Planning Commission cc: Windward Planning Commission Duane Kanuha, Planning Director Margaret Masunaga,Deputy Corporation Counsel Sandra Pechter Song, Esq. Ted H.S I`IOrIg SPP No. 12-000138 r Attorney at Law Page No. oo3s9� r Employment,Workplace Law&Llllgallon Sue Lee Loy August 22, 2013 Planner and Legal Assistant The I-lon. Sandra P. Song, Esq. Hearings Officer County of Hawaii Planning Department 101 Pauahi Street Hilo, Hawaii 46720 RE: Connections New Century Public Charter School/CBESS Special Permit Appl. No, 12-00013E ' Pre-hearing Conference: August 22, 2013 11:00 a.m. Dear Ms. Song: The purpose of this letter is to respond to your request for information concerning ten (I 0) issues. m Please find our response below: I. Setting the hearing dates. I am available the following dates identified in your request: A. Se1.)tcmber, 2013: 13, 16, 17,and 23. B. October, 2013: 4, 7, 1 1, 21, 22, 24, 25, 28. 2. Setting a deadline for any objections to the existing Planning Commission record. =� We have had the opportunity io review the Record on Appeal thoroughly. We have no objection and request that the entire record be submitted into evidence. 3. Setting a deadline for submission of exhibit lists and exchange of exhibits. Two (2) weeks before the hearing date. 0 4. Setting a deadline for submission of witness lists. Two(2) weeks before the hearing date. S. Setting a deadline for filing any motions. k Ten (10) days before the heanng date. Opposition memoranda to be submitted three (3) days before the hearing date. Reply memoranda to be submitted one (1) " day before the hearing date. � P.O. Box 4217 Nilo, flawal'1 96720 Pharr: (808) 960-3156 E-mail: ted(Mtedhonglaw.cam SPP No. 12-000138 .` R. Page No. 003698 r Letter to Ms, Song 1 August 22, 2013 `[l Page 2. �. _. b. Setting a deadline for submission for any legal memoranda. One week before the hearing date. 7. Whether an party desires to submit written testimony, and if so, the deadlines for Y p tY Y� submission of written testimony. The Petitioner requests that all testimony be heard, live. R. Setting a deadline for submission of any requests for issuance of subpoenas. The Petitioner requests that requests for the issuance of subpoenas be submitted three (3) weeks before the hearing date. 9. Conduct of the hearing, including, public testimony and the recordation of the rf Nproceeding. 1��yl N�4` The Petitioners request that the hearing be conducted according to all rules of decorum. Mr. Jeff Gomes has been particularly disruptive of other proceedings in the past. His misconduct has included heckling witnesses by calling them "Liar" after every statement made under oath. He has intimidated witnesses during and outside public hearings. See. Exhibit"1,"attached to this letter. Any hearing should be conducted with the utmost courtesy and respect for the process and all participants clearly warned that if they violate the decorum of the {4r process that they will be ordered to leave the proceedings. Due to the misstatements surrounding the proposed use, the Petitioner requests that any and al I proceedings be held with a certified short hand reporter present. The parties should split the cost of reporter and any transcript, including the cost - of a copy of the transcript to the Hearing Officer. In the event that the Hearing Officer decides against the use of a court reporter 11�+ present, the Petitioner insists that it be allowed to bring its own court reporter to record the proceedings verhalrm, to avoid any misstatements and _ misunderstanding. 10. Explanation of post-hearing procedures. The Petitioner requests that the parties be allowed to submit simultaneous, post- P r� SPP No. 12-000138 Page No. 003699 i•.� � Letter to Ms. Song August 22, 2013 Page 3. hearing briefs. Given the volume of(lie Record, the Petitioner suggests a fifty (50) page maximum, double spaced, one inch margins, with a table of contents, table of authorities and appendices. The table of contents and authorities should not be counted in the page limitation. The simultaneous briefs should be due thin 30days after the hearing has been closed_ The Hearing Officer should render her decision no later than thirty(30)days after the submission of the briefs. The Hearing Officer should be entitled to extend the �r time for rendering her Decision, if she deems it necessary to have the parties �l submit supplemental briefs on other issues. Supplemental briefs should be limited to no more than five (5)pages, doubled j spaced, one inch margins. 11. Other issues to be discussed. A. Discovery: The Petitioners request the right to conduct discovery in the 1 present matter. Specifically, the Petitioner would like to obtain documents from the Respondent(s). The proposed discovery deadline would be five (5)weeks f� before the hearing date. j Thank you for the opportunity to comment on this important matter. Please let me know if you - have any questions or concerns about my responses. - �► Respectfull ed Hong iii VOLUME 2 SPP No. 13� L�138 Page No. 0 7 0 1 BEFORE THE Hawaii State Ethics Commission 2 STATE OF HAWAII 3 4 HAWAII STATE ETHICS ) CHARGE NO . 10-Cg -4 5 COMMISSION , ) 6 Complainant , ) 7 versus ) 8 WILLIAM ERIC BOYD , ) 9 Respondent . ) 10 _—---------------_____-) 11 12 13 14 HEARING 15 VOLUME 2 16 17 18 19 Held before the Hawaii State Ethics Commission at the 20 University of Hawaii at Hilo , 200 West Kawili Street , 21 Room UCB 127 , Hilo , Hawaii , commencing at 8 : 30 a . m . , 22 on Wednesday , the 28th of November , 2012 , 23 24 25 REPORTED BY : KATHY PEARSON , RPR , CRR , CSR No . 313 RALPH ROSENBERG COURT REPORTERS, INC. L (808)524-2090 Exhibit------- 5 VOLUME 2 ' SPP No. 124 138 Page No. 0 1 1 your business accounts and checks? 2 A No . 3 Q Why not? 4 A Because I have too many other things to 5 do , to be honest . Erika does all of that . 6 Q Okay , let ' s turn to Exhibit - - 7 A I ' m sorry , can I take a break? 8 CHAIR SULLIVAN : We ' re going to take a 9 break for the court reporter . We ' ll take a short 10 recess at this point . 11 (Off the record at 9 : 30 a . m . , resumed at 12 9 : 39 a . m . ) 13 CHAIR SULLIVAN : We ' re back on the record , 14 Mr . Hong . If you would like to continue , please . 15 MR . HONG : Madam Chair , I wanted to bring 16 up an administrative point to the Commission ' s 17 attention . 18 One of the reasons my client requested a 19 recess was because an individual who ' s sitting in the 20 back in the audience , wearing a red or maroon and 21 yellow shirt , who I know to be Jeff Gomes , after 22 every response that my client is making he says , 23 audibly , the word " liar , " and that has been going on 24 for a while . 25 And I would ask the Commission to ban RALPH ROSENBERG COURT REPORTERS, INC. (808)524-2090 VOLUME 2 F. SPP No. 1209138 Page No. 0 2 1 Mr . Gomes from these proceedings for his inability to 2 control himself and act with any kind of decorum , or 3 alternatively , allow me to sit next to Mr . Boyd 4 during his direct testimony . 5 CHAIR SULLIVAN : First , I ' ll note that I 8 haven ' t observed Mr . Gomes making any statement or 7 faces . It ' s my personal observation . 8 1 will direct that the gallery , whoever is 9 present , please do not respond visibly to the 10 witness ' s testimony . 11 And at this point , I ' m not going to ask 12 that he or anyone else leave the hearing , It is a 13 public hearing , but I would ask that the people 14 present , you know , behave in a appropriate decorum 15 for a courtroom . Thank you very much . 16 BY MR . HONG : 17 Q We are now at Exhibit C- 29 . Mr . Boyd , I ' d 18 like you to provide us an explanation first about the 19 circumstances for this particular purchase order . 20 A This was a trip that my wife and I 21 escorted students from our high school to 22 Bloomington , Indiana to observe our sister school 23 Harmony , Harmony School there , and observe their 24 year-end procedures , specifically senior projects . 25 That was the specific thing that we went RALPH ROSENBERG COURT REPORTERS, INC. (808)524-2090 VOLUME 2 =`...I SPP Na. 12ffll38 Page No. 0 3 1 terms of this process that we see in this invoice of 2 C- 45 and the prior invoices , I think it ' s 41 and 43 , 3 was this a process that had already been preexisting , 4 prior to 2007? 5 A No , not that was preexisting . We were 6 learning as we went . 7 CHAIR SULLIVAN : I believe Ms . Abdul has a 8 question . 9 COMMISSIONER ABDUL : You testified that 10 you signed as the food service manager because 11 everything was moving so quickly . Who would , if it 12 weren ' t for the urgency of the timing issue , who 13 would have signed or should have signed as the food 14 service manager , if not you? 15 THE WITNESS : Erika Boyd . 16 COMMISSIONER ABDUL ; All right , thank you . 17 MR . HONG : I beg your pardon . I lost my 18 place in terms of the question . 19 BY MR . HONG : 20 Q Did I ask you the question about who 21 submitted this for payment? 22 A Yes . Sandy did . 23 Q And we discussed - - 24 THE COURT REPORTER : I ' m sorry , I ' m 25 hearing voices over there , and I couldn ' t hear you RALPH ROSENBERG COURT REPORTERS, INC. (808)524-2090 SPP No. 1 138 VOLUME 2 Pa E No. 0A4 1 speaking . 2 MR . HONG : I would just note again for the 3 record that the Chair had asked people in the gallery 4 to have some decorum and remain quiet , and if they ' re 5 unable or unwilling to do that , I suggest that they 6 be instructed to leave the room , or again , I renew my 7 request to sit next to Mr . Boyd , 8 CHAIR SULLIVAN : So noted , Mr . Hong . 9 Again , I ' m going to instruct those present 10 in the hearing room that there ' s to be no talking 11 during the hearing . It ' s very important that the 12 court reporter take down the record accurately . And 13 also , it is very distracting to the witnesses and to 14 the attorneys . 15 So if you need to talk , please quietly 10 exit the room , and don ' t reenter the room until we 17 are on recess , Okay , thank you very much . 18 Mr . Hong , I ' m sorry , perhaps the court 19 reporter could refresh your recollection about the 20 question . 21 BY MR . HONG : 22 Q Let me withdraw the part of the pending 23 question and ask a different question . 24 Describe for us the checks and balances 25 that existed at that time to ensure that , with RALPH ROSENBERG COURT REPORTERS, INC. (808)524-2090 VOLUME 2 SPP No. 12 138 Page No. OU3ID5 1 C E R T I F I C A T E 2 STATE OF HAWAII 3 COUNTY OF HAWAII 4 I , Kathy Pearson , CSR , do hereby certify : 5 That on Wednesday , the 28th of November , 2012 , commencing at 8 : 30 a . m . , the above-mentiond 6 proceedings were taken by me in machine shorthand and thereafter reduced to print under my supervision ; 7 that the foregoing represents , to the best of my ability , a true and correct transcript of the 8 proceedings had in the foregoing matter . 9 I further certify that I am not an attorney for any of the parties hereto , nor in any 10 way interested in the outcome of the cause named in the caption , 11 12 DATED : 13 14 — ------_–.�.�__-- _--------- 15 Kathy Pearson , CSR No . 313 16 17 18 19 20 21 22 23 24 25 RALPH ROSENBERG COURT REPORTERS, INC. (808)524-2090 SPP No. 12-000138 Page No. 003706 TED H. S. HONG, ESQ. Attorney at I iw l'. o. Box 4217 Hilo, Hawaii 96720-0217 (808) 933-1919 office/fax ted r�tedhon law.com T0: /Sandra P.Song,Esq. Daryn Arai, Planning Commission Staff Hearings Officer Jeff Darrow, Planning Commission Staff 10 Kamehameha Avenue County of Hawaii Planning Department Hilo, Hawaii 96720 101 Aupuni Street,Suite 3 Hilo, Hawaii 96720 Carter K.Siu,Esq. Jeff Games Deputy Attorney General 281 Edita Street 235 S. Beretania Street,Room 304 Hilo, Hawaii 96720 Honolulu,Hawaii 96813 Amy Self,Esq. Deputy Corporation Counsel 333 Kilauea Avenue Hilo,Hawaii 96720 FROM. Ted H.S.Hong, Esq. DATE: September 4,2013 RE: CONTESTED CASE-SPECIAL PERMIT NO 12-000138 Enclosed,please find the following: Original: Dated: Description: 1 09-03-2013 Notice of No Objection to Record [XX] For your information ( ] For signature and return [ ] Per your request INK [ ] For review&comment [ ] For distribution [ ] Per our conversation { ] For recording/filing { ] For necessary action ( ] Other: COMMENTS: Please find enclosed our Notice of No Objection to the Record in the above entitled matter. Kindly note, the Hearing Officer has been provided the Original and all other parties have been provided copies. 4. s Legal ssistant . RECEIVED SEP - 5 2013 . r !�,� SPR No. 12-000138 William P.Kenoi ' "• Mayor Pag>Dth[ne iUaRmT D►reclar Bobby Command DepuryDlreeror West ilawai'i Office East Hawaii Ofr"icc 745044 Ane Keehokaloie Hwy • • 101 Paualti Sheet,5uht 3 "Iua-Kona,Hawaii 96740 County of Hawaii Hilo,liswai'i 96720 Phonc(808)3234770 Phone(808)961-8288 Fax(B08)327-3563 PLANNING DEPARTMENT Fax 11506)961-8742 September 5, 2013 Sandra Song, Esq. 10 Kamehameha Avenue Hilo, HI 96720 Dear Ms. Song: 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 Charier School Campus with Dorm Facilities, Intergenerational Programs, a Sustainable Agriculture Program and a Forestry/Conservation Program Tax May Key: 2-5-006:141 Enclosed is a disk dated September 4, 2013 that is the revised record file for the above special permit. The previous disk had similar materials in Folders 3 and 4. 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, DU KANUHA Planning Director Encl. www.coholnnninedrnt.cnrn Hawa!'t County is an EqualOpporlunit}-Provider and Employrr Platmijj& cn a ai ED RE E1 SEP - 9 N13 SPP No. 12-000138 Ted H.S. Hong ' Page No. 003708 Attorney at Law Crnployrncnt,Worhplace Law&011gation Sue Lee Loy Planner and Legal Assistant October 4, 2013 Hearing Office Sandy Song HAND DELIVERY 10 Kamehameha Avenue Hilo, Hawaii 96720 RE: ISSUANCE OF SUBPOENA AND SUBPOENA DUCES TECUM In the Matter of Connections New Century Public Charter School and Community Based Education Support Services Application for Special Permit Application No. 12-000138 "A TMK: (3)2-5-006:141 Dear Hearing Office Song: Pursuant to Rule 4-14 of the Planning Commission Rules of Practice and Procedure and your emailifind directive of October 3, 2013 regarding the same, enclosed please for your signature and issuance subpoena for the following individuals. As directed by your email of October 3. 2013, 1 provide the fol lowing justification for the testimony and/or the request for -narized i document production which is also sumi In our Exhibit and Witness Lists. NAME JUSTIFICATION Duana Kanulia, Planning Provide testimony relevant to the land use process, Planning Director Department Rules, Project Background Report, tv 1: �'.. v'V Recommendations and Conditions of Approval Recoi n Bobby Jean Leithcad Todd, Provide testimony relevant to the land use process, Planning immediate past Planning Department Rules, Project Background Report., Director Recommendations and Conditions of Approval Ron Theil, Traffic Engineer Provide testimony relevant to the Traffic Report and traffic to the County of Hawaii generation models for this Application Kurt Inaba, Water Supply Provide testimony relevant to the water supply and phase water demands for this Application el Layne Novak Testimony and production of documents is material and relevant to this matter as claims to be the Secretary of the Kaurnana community association in which information was gathered and disseminated by her or the group she re resents. P.O. 13c3x 4217 1-111n, 11awall'i 96720 Phone: (808) 960-3156 E-mail: tq--d0L4MdhC3nglaW,CC3M - INb SPP No. 12-000138 Page No. 003709 I Sidney Fukc Testimony and production ofdocuments is material and relevant . to this matter as he delivered a presentation with data, land use pro ess, special permit criteria (See Record at 1960 to 1999) Terrence Yoshioka Testimony and production of documents is material and relevant to this matter as he presented an evaluation land use rules (See Record at 131 Sto 132$) ,- Melvin Yokota Testimony and production of documents is material and relevant ` to this matter as he presented a study of traffic related to this Application (See Record at 1329 to 1339) Allen L. Novak Testimony is relevant regarding Community Issues June Sakamoto Testimony is relevant regarding Community Issues David Camacho Testimony is relevant regarding Community Issues Jan Yokota Testimony is relevant re=ardin=Community Issues Glenn Tada Testimony is relevant regarding Community Issues Ming Aen Testimony is relevant regarding Community Issues Jan Yoka ama Testimony is relevant regarding Community Issues Jason Phillip Turner Testimony is relevant regarding Community Issues z Jennifer Sims Turner Testimony is relevant regarding Community Issues - I request to have my staff pick up subpoena and subpoena duces tecum when they are ready and asked that you please call my office at 933-1919 or contact me via email at ted ct;tedhonlaw.com when it is ready. a p Sincerely, ~ .:. D H.S. 1.10 G, Esq. Attorney for Applicant Community Based Education t � Support Services l,e . r �s r SPP No. 12-000138 Page No. 003710 SANDRA PECHTER SONG ATTORNEY AT LAW 10 Kamehameha Avenue Hilo,Hawaii 96720 Telephone: (808)933-9212 Fax:(808)935-4853 LETTER OF TRANSMITTAL To: Ted H.S. Hong, Esq. Date: October 8, 2013 P. O. Sox 4217 Hilo, Hawaii 96720 From: Sandra Song Re: Connections New Century Public Charter School -Contested Case Hearing Special Permit Application No. 11-000138 We are sending you (X ) attached ( ) under separate cover the following items: Twenty-two signed original subpoenas subpoenas duces tecum with Return of Service, Acknowledgement of Service attached to each [ ] For your information/file [ ] For payment [ ] For review and comment [ ] For signature in black ink and retum [ ] For your reference [X Per your request [ ] For signature in black ink and [ ] Per our conversation forwarding as noted below [ ] For your approval [ ] For filing or recording [X For necessary action [ ] SEE REMARKS BELOW REMARKS: SPP No. 12-000138 i Page No. 003711 Ted H.S. Hong Attorney at Law P Emplaymenl.Workplace Law✓i'kiligalion Sue Lee Loy Planner and Legal Asslslant S October 14, 2013 f�µ. Hearing Office Sandy Song VIA EMAIL 10 Kamehameha Avenue Hilo, Hawaii 96720 i RE: REQUEST TO ALLOW A WITNESS TO APPEAR BY TELEPHONE In the Matter of Connections 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 Ar a• Dear Hearing Office Song: Pursuant to Rule 4-16 of the Planning Commission Rules of Practice and Procedure this written request is made to allow for a Witness to Appear by Telephone. The Applicant, Community Based Education Support Services would like enter testimony from Phillip Rowell, Traffic Engineer and Immediate Past Planning Director Bobby-Jean Leilhead-Todd. Mr. Rowell, would provide technical information and the analysis used during the =- ..� preparation of the Traffic Impact Analysis Report (TIAR) for the project and the conclusion `! therein. Unfortunately, we were informed this afternoon that Mr. Rowell is scheduled to appear • before the State Land Use Commission on Maui. Based on the various flight times available between Hilo, Honolulu and Maui he is unable to physically be at both hearings. Mr. Rowell is highly relevant and will provide material and relevant testimony related to the conclusion to the TIAR. M On October 9, 2013, Past Planning Director Bobby-Jean Leithcad-Todd was served a Subpoena. A copy of the Return of Service; Acknowledgement of Service is attached hereto as Exhibit A. Later that day, Mr. Leithead-Todd contacted me to inform me that she will be out of state during the week of October 21, 2013, Mrs. Leithead-Todd will provide material and relevant testimony related to the Project Background Report, Recommendations and Conditions of Approval (See Record at Page 419 to 787 and 881 to 896). Y f4. f P.O. Sox .4-2 17 1'Illo. r1awall 96720 phonez (606) 960-3156 E-mail, ted0teohonglaw.com �. SPP No. 12-000138 `y Page No. 003712 r : -WIN rix . a This request is permitted and allowed pursuant to Rule 4-16 of the Planning Commission Rules of Practice and Procedure, This request is timely pursuant to Rule 14-16(a) "fWriften requesl shall be marle at least!en (10) ckys prior to the hearing. " In the alternative, on behalf of the Applicant, 1 request an additional date and time of 3 hours to be limited to allow testimony from Mr. Rowell and Mrs. Leithead-Todd. Sincer , ED H.S. HONG, sq. Attorney for Applicant Community Base Education Support Services 4 4c � t T45 �r t M �r ti y q1 J r �L .-max r SPP No. 12-000138 * Page No. 003713 Ted H.S. non Attorney at Law "f Fmploymenl.Wf0plxe Law&Ullgarlan I" - Y �. Sue Lee Loy Planner and Legal Assistant l r r _ October 14, 2013 Hearing Office Sandy Song VIA EMAIL 10 Kamehameha Avenue Hilo, Hawaii 96720 RE: ADDITIONAL INFORMATION Request to Allow Witness to Appear by Telephone In the Matter of Connections New Century Public Charter School and Community Based Education Support Services [ ,tt Application for Special Permit Application No. 12-000138 TMK: (3)2-5-006:141 Dear Hearing Office Song: of r � ' Allow this letter to update you on my previous request and respectfully propose all parties begin to look for an additional hearing date, which shall be limited to three(3) hours, 1 during the week of November I I to 15 or November 18 to 22. Today, October 15, 2013, 1 had a teleconference with Mr. Phillip Rowell and believe Mr. Rowel] will provide highly relevant and compelling testimony and he is available to testify during the weeks identified above. 1 As I reported yesterday, Ms. Leithead-Todd is unavailable. Based on the critical information that Mr. Rowell and Ms Leithead-Todd will provide, i respectfully request an additional hearing date between November 11, 2013 and November 22, 2013. Sincerely, w E H. . HON q.E " Attomey for Applicant Community a a Education Support Services I PP.C>, 13ox 42 1 7 I-lllo, 1iawai'1 96720 Plzone: (606) 960-3 1-96 L-makL Led Q7hdhonglaw.corn SPP No. 12-000138 Page No. 003714 TED H. S. HONG, ESQ. :lttotney at Law 1'. 0. Box 4217 Hilo, Hawaii 96720-0217 (808) 933-1919 office/fax ted(&,tedhonglaw.com T0: Sandra P.Song,Esq. Hearings Officer 10 Kamehameha Avenue Hilo,Hawaii 96720 FROM: Ted H.S. Hong, Esq. DATE: October 15,2013 RE: CONTESTED CASE-SPECIAL PERMIT NO 12-000138 Enclosed,please find the following: Original: Dated: Description: 1 Subpoena(Notice to Appear) RON THEIL (his name was misspelled on the prior Subpoena) 1 Subpoena (Notice to Appear) CUSTODIAN OF RECORDS COUNTY OF HAWAII REAL PROPERTY 1 Subpoena Duces Tecum CUSTODIAN OF RECORDS COUNTY OF HAWAII REAL PROPERTY (XX) For your information (XX) For signature and return ( } Per your request IN ( } For review&comment ( } For distribution ( } Per our conversation ( } For recording/filing ( } For necessary action [ } Other: COMMENTS: Please sign and contact our office so we may conduct service SS 'e L. K. Ln�y, Legal Assistant Te?]�I�SJ64.E . ...i a SPP No. 12-000138 Page No. 003715 TED H. S. HONG, ESQ. lttomey at I.aw P. U. Box 4217 Hilo, Hawaii 96720-0217 (808) 933-1919 office/fax tedCtedhonglaw.com TO: Sandra P.Song, Esq. Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 FROM: Ted H.S.Hong,Esq. DATE: October 15,2013 RE: CONTESTED CASE-SPECIAL PERMIT NO 12-000138 Enclosed,please Find the following: Original: Dated: Desc iption: 14 Return of Service;Acknowledgement of Service Allen Novak;Terence Yoshioka;Terence Yoshioka (SDT);Jan Yokoyama; BJ Leithead-Tadd; Kurt Inaba; Ron Thiel; Duane Kanuha; Glen Tada;June Sakamoto; Ming Peng;Jan Yokota;Jan Yokota for Melvin Yokota; fan Yokota for Melvin Yokota (SDT) (XX) For your information (XX) For signature and return ( } Per your request INK { j For review&comment ( j For distribution { j Per our conversation ( } For recording/f ling ( ] For necessary action ( } Other: COMMENTS: Please sign and contact our office so we may conduct service Sue L. K.)dee NA Lega Assitant 'I�H:S-pnq. SPP No. 12-000138 Page No. 003716 TED H. S. HONG, ESQ. A ttorney at i_aw P. 0. Bos 4217 Hilo, Hawaii 96720-0317 (SOS) 933-1919 office/fax tedg,tedhonglaw,com TO: Sandra P.Song, Esq. Daryn Arai, Planning Commission Staff Hearings Officer Jeff Darrow, Planning Commission Staff 10 Kamehameha Avenue County of Hawaii Planning Department Hilo,Hawaii 96720 101 Aupuni Street,Suite 3 Hilo,Hawaii 96720 Carter K.Siu, Esq. Jeff Gomes Deputy Attorney General 281 Edita Street 235 S. Beretania Street, Room 304 Hilo,Hawaii 96720 Honolulu, Hawaii 96813 Amy Self, Esq. Deputy Corporation Counsel 333 Kilauea Avenue Hilo,Hawaii 96720 FROM: Ted H.S. Hong,Esq. DATE: October 15, 2013 RE: CONTESTED CASE-SPECIAL PERMIT NO 12-000138 Enclosed,please find the following: Original: Dated: Description: 1 Joint Submission of First Amended Witness List (XX) For your information ( ] For signature and return ( ] Per your request INK ( ) For review&comment ( ] For distribution ( ] Per our conversation ( ] For recording/filing ( ] For necessary action ( ] Other: COMMENTS: Please find enclosed our Joint Submission of First Amended Witness List. Kindly note, the Hearing Officer has been provided the Original and all of r parties have been provided copies. te e L. a Lo , Legal Assistant r SPP No. 12-000138 Page No. 003717 TED H. S. HONG, ESQ. Attorney at Law P. O. Box 4217 Hilo, Hawaii 96720-0217 (808) 933-1919 office/fax ted wtedhon law.com TO: Sandra P.Song, Esq. Daryn Arai,Planning Commission Staff Hearings Officer Jeff Darrow, Planning Commission Staff 10 Kamehameha Avenue County of Hawaii Planning Department Hilo, Hawaii 96720 101 Aupuni Street,Suite 3 Hilo,Hawaii 96720 Carter K.Siu,Esq. Jeff Gomes Deputy Attorney General 281 Edita Street 235 S.Seretania Street, Room 304 Hilo,Hawaii 96720 Honolulu, Hawaii 96813 Amy Self, Esq. Deputy Corporation Counsel 333 Kilauea Avenue Hilo, Hawaii 96720 FROM: Ted H.S. Hong, Esq. DATE: October 15,2013 RE: CONTESTED CASE-SPECIAL PERMIT NO 12-000138 Enclosed,please find the following: Original: D t De ccriotion: 1 Revised Exhibit A-20 (total of 3 pages) (XX) For your information ( } For signature and return ( } Per your request INK O For review&comment ( } For distribution ( ] Per our conversation ( } For recording/filing ( ] For necessary action ( } Other: COMMENTS: Please rind enclosed our Revised Exhibit A-20. Kindly note, the Hearing Officer has been provided the Original and all other partiav been pies. Sue ee egal Ass tant Te Hong, Esq. ,. SPP No. 12-000138 " TED H. S. HONG, ESQ. Page No. 003718 Attorncy at Law P. O. Box 4217 Hilo, Hawaii 96720-0217 (808) 933-1919 office/fax ted@,tedhonglaw.com T0; Sandra P.Song, Esq. Daryn Arai,Planning Commission Staff Hearings Officer Jeff Darrow, Planning Commission Staff 10 Kamehameha Avenue County of Hawaii Planning Department Hilo, Hawaii 96720 101 Aupuni Street,Suite 3 Hilo, Hawaii 96720 Carter K.Siu, Esq. Jeff Gomes Deputy Attorney General 281 Edita Street 235 S.Beretania Street, Room 304 Hilo,Hawaii 96720 Honolulu, Hawaii 96813 Amy Self, Esq. Deputy Corporation Counsel 333 Kilauea Avenue Hilo, Hawaii 96720 FROM: Ted H.S.Hong,Esq. DATE; October 17,2013 RE: CONTESTED CASE-- SPECIAL PERMIT NO 12-000138 Enclosed, please find the following: Original: Dated: Description: 1 Applicants Connection New Century Public Charter School and Community Based Education Support Services (CBESS)Joint Pre- Hearing Brief. Certificate of Service (XX) For your information [ } For signature and return ( ) Per your request INK ( ) For review&comment ( ) For distribution ( } Per our conversation ( ) For recording/filing ( ) For necessary action ( ) Other: COMMENTS: Please find enclosed Applicants Connections and CBESS Joint Pre-Hearing Brief in the above entitled matter. Kindly note, the Hearing Officer has been provided the Original and all other parties have been provided copied Sue LA ee ` y, Le l Assistant '_�ed H.S. Hong, , sq. , SPP No. 12-000138 Page No. 003719 TED H. S. HONG, ESQ. Attorney at Law P. O. Bos 4217 Hilo, Hawaii 96720-0217 Telephone (808) 933-1919 f=acsimile (808) 935-8281 "Fea-'j'edhorigl.11A.I.com TO: SANDRA P. SONG, ESQ. (sandrasone@hawaiiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 CARTER K. 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. (aself@co.hawaii.hi.us) Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 JEFF GOMES(kalaniLomes@hawaiiantel.net) Intervenor 281 Edita Street Hilo, Hawaii 96720 DARYN ARAI(darai ecc.hawaii.hi.us) JEFF DARROW(jdarrow@co.hawaii.hi.a.$) Planning Commission Staff County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 FROM: Ted H.S.Hong, Esq. DATE: November 8,2013 RE: Connection New Century Public Charter School and Community Based Education Support Services,SPP No.12-000138 Enclosed, please find the following; Q ty-.—� Date: Description 1 11/08/2013 Errata to Applicants Connection New Century Public Charter School and Community Based Education Support Services (CRESS)Joint Pre- Hearing Brief;Certificate of Service Page 1 of 2 RECEIVED NOV 12 7913 P' SPP No. 12-000138 Page No. 003720 (X) For your information ( ) For signature and return ( ) Per your request INN ( ) For review&comment ( ) For distribution ( ) Per our conversation (X) For recording/filing ( ) For necessary action ( ) Other: CLP Page 2 of 2 - SPP No. 12-000138 Page No. 003721 ISLAND COURT REPORTING & TRANSCRIPTION SERVICES Hilo Lagoon Centre 101 Aupuni Street, Suite 109 Hilo, Hawaii 96720 Phone: (808)9339800 Fax: (808)933-9803 TRANSMITTAL LETTER DATE: November 1, 2013 TO: Sandra Song, Esq. 10 Kamehameha Avenue Hilo, Hawaii 96720 FROM: Cindy M. Nakamoto Re: In the Matter of Connection New Century Public Charger School SPP-12-000138 Please find enclosed the following: 1. Transcript of Proceedings, Vol. I taken on 10-21-2013 (original); 2. Transcript of Proceedings, Vol. II taken on 10-22-2-013 (original). TRANSMITTED FOR: ( X ) Your information and files ( X ) Per your request ( } Signature and return ( } Per our conversation ( ) Signature and forwarding as ( } Payment noted below ( } Filing/Recordation ( } Review and document ( ) Your further action Comments: If you have any questions, please call our office immediately. Thank you. .� SPP No. 12-000138 Page No. 003722 ISLAND COURT REPORTING & TRANSCREMON SERVICES Hilo Lagoon Centre 101 Aupuni Street, Suite 109 Hilo, Hawaii 96720 Phone: (808)933-9800 Fax: (808)933-9803 TRANSNUTTAL LETTER DATE: November 19, 2013 TO: Sandra Song, Esq. 10 Kamehameha Avenue Hilo, Hawaii 96720 FROM: Cindy M. Nakamoto Re: In the Matter of Connection New Century Public Charter School SPP-12-000138 Please find enclosed the following: 1. Transcript of Proceedings, Vol. III taken on 11/12/13 (original). TRANSMITTED FOR: ( X ) Your information and files ( X ) Per your request ( ) Signature and return ( } Per our conversation ( ) Signature and forwarding as ( ) Payment noted below ( ) Filing/Recordation ( ) Review and document ( ) Your further action Comments: If you have any questions, please call our office immediately. Thank you. SPP No. 12-000138 Page No. 003723 ISLAND COURT REPORTJNG & TRANSCRIPTION SERVICES Hilo Lagoon Centre 101 Aupuni Street, Suite 109 Hilo, Hawaii 96720 Phone: (808)933-9800 Fax: (808)933-9803 TRANSMITTAL LETTER DATE: January 14, 2014 TO: Sandra Song, Esq. 10 Kamehameha Avenue Hilo, Hawaii 96720 FROM: Cindy M. Nakamoto Re: In the Matter of Connection New Century Public Charter School SPP 12-000138 Please find enclosed the following: 1. Transcript of Proceedings, Vol. IV taken on 1/8/14 (original). TRANSMITTED FOR; ( X ) Your information and fifes ( X ) Per your request ( } Signature and return ( } Per our conversation { } Signature and forwarding as ( } Payment noted below O Filing/Recordation { ) Review and document ( ) Your further action Comments: If you have any questions, please call our office immediately. Thank you. SPP No. 12-000138 Page No. 003724 ISLAND COURT REPORTING & TRANSCRIPTION SERVICES Hilo Lagoon Centre 101 Aupuni Street, Suite 109 Hilo, Hawaii 96720 Phone: (808)933-9800 Fax: (808)933-9803 TRANSMITTAL LETTER DATE: February 5, 2014 TO: Sandra Song, Esq. 10 Kamehameha Avenue Hilo, Hawaii 96720 FROM: Cindy M. Nakamoto Re: In the Matter of Connection New Century Public Charter School SPP-12-000138 Please find enclosed the following: 1 . Transcript of Proceedings, Vol. V, taken on 1122114 (original). TRANSMITTED FOR: ( X ) Your information and files ( X ) Per your request ( } Signature and return ( ) Per our conversation ( ) Signature and forwarding as ( ) Payment noted below ( } Filing/Recordation ( ) Review and document ( } Your further action Comments: If you have any questions, please feel free to contact this office. r SPP No. 12-000138 Page No. 003725 SANDRA PECHTER SONG ATTORNEY AT LAW 10 Kamehameha Avenue Hilo,Hawaii 96720 Telephone: (808)933-9212 Fax:(808)935-4853 LETTER OF TRANSMITTAL To: Daryn Arai Date: April 7, 2014 Jeffrey Darrow County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 From: Sandra Song Re: In the Matter of Connections New Century Public Charter School and Community Based Education Support Services SPP No. 12-000138 We are sending you( X) attached ( ) under separate cover the following items: • Two copies of Hearing Officer's Report; Certificate of Service, dated April 7, 2014 [X] For your information/file [ ] For payment [ ] For review and comment [ ] For signature in black ink and return [ ] For your reference [ ] Per your request [ ] For signature in black ink and [ ] Per our conversation forwarding as noted below [ ] For your approval [ ] For filing or recording [ ] For necessary action [ ] SEE REMARKS BELOW REMARKS: j SPP No. 12-000138 Page No. 003726 SANDRA PECHTER SONG ATTORNEY AT LAW 10 Kamehameha Avenue Hilo,Hawaii 96720 Telephone: (808)933-9212 Fax: (808)935-4853 LETTER OF TRANSMITTAL To: Jeffrey K. Gomes Date: April 7, 2014 281 Edita Street Hilo, Hawaii 96720 From: Sandra Song Re: In the Matter of Connections New Century Public Charter School and Community Based Education Support Services SPP No. 12-000138 We are sending you (X ) attached ( }Tinder separate cover the following items: • Hearing Officer's Report; Certificate of Service, dated April 7, 2014 [X] For your information/file [ ] For payment [ ] For review and comment [ ] For signature in black ink and return [ ] For your reference [ ] Per your request [ ] For signature in black ink and [ ] Per our conversation forwarding as noted below [ ] For your approval [ ] For filing or recording [ ] For necessary action [ ] SEE REMARKS BELOW REMARKS: SPP No. 12-000138 Page No. 003727 SANDRA PECHTER SONG ATTORNEY AT LAW 10 Kamehameha Avenue Hilo,Hawaii 96720 Telephone: (808)933-9212 Fax:(808)935-4853 LETTER OF TRANSMITTAL To: Amy G. Self,Esq Date: April 7, 2014 Deputy Corporation Counsel 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 From: Sandra Song Re: In the Matter of Connections New Century Public Charter School and Community Based Education Support Services SPP No. 12-000138 We are sending you( X ) attached( )under separate cover the following items: • Hearing Officer's Report; Certificate of Service, dated April 7, 2014 [X ] For your information/file [ ] For payment [ ] For review and comment [ ] For signature in black ink and return [ ] For your reference [ ] Per your request [ ] For signature in black ink and [ ] Per our conversation forwarding as noted below [ ] For your approval [ ] For filing or recording [ ] For necessary action [ ] SEE REMARKS BELOW REMARKS: SPP No. 12-000138 Page No. 003728 SANDRA PECHTER SONG ATTQRNEY AT LAW 10 Kamehameha Avenue Hilo,Hawaii 96720 Telephone: (808)933-9212 Fax:(808)935-4853 LETTER OF TRANSMITTAL To: Carter K. Siu,Esq Date: April 7, 2014 Deputy Attorney General State of Hawaii 235 South Beretania Street,Room 304 Honolulu,Hawaii 96813 From: Sandra Song Re: In the Matter of Connections New Century Public Charter School and Community Based Education Support Services SPP No. 12-000138 We are sending you(X) attached ( ) under separate cover the following items: • Hearing Officer's Report; Certificate of Service, dated April 7, 2014 [X] For your information/file [ ] For payment [ ] For review and comment [ ] For signature in black ink and return [ ] For your reference [ ] Per your request [ ] For signature in black ink and [ ] Per our conversation forwarding as noted below [ ] For your approval [ ] For filing or recording [ ] For necessary action [ ] SEE REMARKS BELOW REMARKS: SPP No. 12-000138 Page No. 003729 SANDRA PECHTER SONG ATTORNEY AT LAW 10 Kamehameha Avenue Hilo,Hawaii 96720 Telephone: (808)933-9212 Fax: (808)935-4853 LETTER OF TRANSMITTAL To: Ted H.S. Hong,Esq Date: April 7,2014 P. O. Box 4217 Hilo,Hawaii 96720 From: Sandra Song Re: In the Matter of Connections New Century Public Charter School and Community Based Education Support Services SPP No. 12-000138 We are sending you(X ) attached( ) under separate cover the following items: • Hearing Officer's Report; Certificate of Service, dated April 7, 2014 [ X ] For your information/file [ ] For payment [ ] For review and continent [ } For signature in black ink and return [ ] For your reference [ ] Per your request [ ] For signature in black ink and [ ] Per our conversation forwarding as noted below [ } For your approval [ ] For filing or recording [ ] For necessary action [ ] SEE REMARKS BELOW REMARKS: SPP No. 12-000138 Page No. 003730 Dixie Kaetsu From: Dixie Kaetsu [dixiekaetsu@hawaiiantel.net] Sent: Monday, April 07, 2014 1:46 PM To: 'ted@tedhonglaw.com'; 'Carter.K.Siu@hawaii.gov'; 'Amy Self; V-.&do.�. 'kenanigomes@hawaiiantel.net'; 'darai@co.hawaii.hi.us'; 'jdarrow@co.hawaii.hi.us' Subject: SPP No. 12-000138; Hearing Officer's Report; Certificate of Service (Connections New Century Public Charter School&Community Based Education Support Services Attachments: Connections 002.pdf Aloha, Attached is the Hearing Officer's Report on SPP No. 12-000138. A hard copy will be mailed to you. Dixie Kaetsu Legal Assistant to Sandra Pechter Song 10 Kamehameha Avenue Hilo, Hawaii 96720 (B08)933-9212 1 CW William P.Kenoi Y ' Duane Kanuha Mayor Director Bobby Command ": Deputy DWcror eN '• . '* West Hawaii office Fast llawai'i Office 74-5044 Ane Keohokolole Hwy101 Pauahi Strut,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(SOS)327-3563 PLANNING DEPARTMENT Fax(808)%1-8742 August 22, 2013 Mr. ,Terry Watanabe, District Engineer State ofHawai`i, Department of Accounting and General Services 75 Aupuni Street Hilo,HI 95720 Dear Mr, Watanabe: 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 Doan Facilities, Intergenerational Programs, a Sustainable Agriculture Program and a Forestry/Conservation Program Tax '_Viae Key: 2-5-005:141 This is to confirm our reservation of the State Building Conference Rooms A. B, and C on October 21 st and 22"d, 2013, for the contested case hearing regarding the above-referenced application from 7:45 a.m. to 4:30 p.m. Because the State Building closes at 4:30 p.m., the purpose of this letter is to formally request the rooms on both days until b p.m. in the evening. Thank you very much for your assistance in this matter. Please contact Daryn Arai of this office should you have any questions or need further infomaation. Sincerely, VANE KANTUHA Planning Director LconnectiosiiNsyhf C-10..:+'�)iiP;'.i_e_f',r?rl ffcnivi•i Counn,is o+t Lgtrul(Jpynllimily Provider cr Emplaa er n_..jnil..<<,c__r,::_r.:�• I` 3731 _ 776) TED H. S. HONG, ESQ. s r.,r Attorney at Law P. 0. Box 4217 Hilo, Hawaii 96720-021717 (808) 933-1919 office/fax ted(0edhonglaw.com TO: Sandra P.Song, Esq. -Daryn Arai, Planning Commission Staff Hearings Officer Jeff Darrow, Planning Commission Staff 10 Kamehameha Avenue County of Hawaii Planning Department Hilo, Hawaii 96720 101 Aupuni Street, Suite 3 Hilo, Hawaii 96720 Carter K.Siu, Esq. Jeff Gomes Deputy Attorney General 281 Edita Street 235 S. Beretania Street,Room 304 Hilo, Hawaii 96720 Honolulu,Hawaii 96813 Amy Self,Esq. Deputy Corporation Counsel 333 Kilauea Avenue Hilo, Hawaii 96720 FROM: Ted H.S.Hong,Esq. DATE: September 4, 2013 RE: CONTESTED CASE-SPECIAL PERMIT NO 12-000138 Enclosed,please find the following: Original: Dated: Description: 1 09-03-2013 Notice of No Objection to Record (XX) For your information ( ) For signature and return [ ) Per your request INK ( ) For review&comment ( ) For distribution [ ) Per our conversation [ ] For record ing/fiIIng [ ] For necessary action ( ] Other: COMMENTS: Please find enclosed our Notice of No Objection to the Record in the above entitled matter, Kindly note, the Hearing Officer has been provided the Ori inal and all other parties have been provided copies. SCANNEP , ue L..S. Le La egal 6istant 7 3 4 Te 3732 �s TED H. S. HONG 3569 Attomey at Law ��,� �� _ _•, c;7 P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted cUtedhondaw.com Attomey for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) IN THE PLANNING COMMISSION COUNTY OF HAWAII In Matter: ) SPECIAL PERMIT APPLICATION ) NOTICE OF NO OBJECTION NO, 12-000138 ) TO PLANNING COMMISS10N 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, 2013 pre-hearing conference held by Hearings Officer Sandra Song. DATED: Hilo, Hawaii September , 2013. )� � j .S. HUN Attorney for Applicant L� COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) i� 73 4 3733 y iv TED If. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted(a-)ted hon gl aw.c o m Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) IN 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, 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(a,hawaiiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 Carter Siu, Esq. (Carte rX SiuL&hawa i i.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. (aselfLaco.hawaii.hi.us) Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 3734 4 •✓R.4 rY61v Jeff Gomes (kalanigomes(a,hawaiianteL.net) Intervenor 281 Edita Street Hilo, Hawaii 96720 Daryn Arai (darai�1co.hawaii.hi.us) Jeff Darrow{jdarrow&o.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 1-i. : HONE - - -t--- -- ---- ----------.. Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) 3735 William P,Kenoi °••'• Mayor ,. -' .y ¢ Duane Kanuhu Director Bobbi Cotnrnand -as fleputy Di—tor West Hawaii office East Hawaii Office 74-5044 Ane Keohokalole Hwy101 Pauahi Street Suite 3 Keilua-Kona,Hawaii%740 County of Hawaii Hilo,Hawaii 96720 Phone(808)313-4770 Phone(808)961-8288 Fag(808)327-3563 PL&NNING DEPART lam+N'r Fax(808)961-8742 September 5, 2013 Mr. William Brilhante, Esq. Office of the Corporation Counsel. 333 Kilauea Ave, Ste2l0 Hilo, Hl 96720 Dear Mr. Brilhante: Special Pennit Application (SPP 12-000138) Applicant: Connections '.view Century Public Charter School and Community Based Education Support Services Request: To Develop a K to 12 Charter School Campus with Donn i+a6lities, Intergenerational Programs, a Sustainable Agriculture Program and a Forestry/Conservation Program Tax gp Key: 2-5-006:141 Enclosed is a disk dated September 4,2013 that is the revised record file for the above special permit. The previous disk had similar materials in Folders 3 and 4. 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, ADUANKANUHA P l a.nni ng D!rector Enol. tlai+n:'r i uuriti ra an[,grill Opuormlin '10-0t-der and Emplv1er ��lY ., 3736 William P.Kenoi ,roar 4 Mayor •y� Duane Kanitha Director Bobby Command Deputy Director Well Hawai`i Office East Hawaii office 74-5044 Ane Keohokalole Hwyl01 Pauahi Stet,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)%1,-8288 Pax(808)327-3563 PLANNING DEPARTMK;%7 Fax(808)%1-8742 September 5, 2013 Mr,Jeffrey K. Gomes 281 Edita Street Hilo, HI 96720 Dear Mr. Gomes: 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 Charter School Campus with Dorm Facilities, Intergenerational Programs, a Sustainable Agriculture Program and a Forestry/Conservation Program Tax Map Key: 2-5-006:141 _ Enclosed is a disk dated September 4. 2013 that is the revised record file for the above special permit. The previous disk had similar materials in Folders 3 and 4. 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. D AN5KANUHA Planning Director Hrn1,i.'i i wenn .],an L ail Onuorlunin Prot vier and F.'naploier 373" William A. Kenoi • • f May— Duane Kanuha Director Bobby Command •• Depuly Dlreclar West Hawaiti Office East Ha%ai`i office 74-5044 Ane Keohokelole Hwy 101 Pauahi 5 Keilua-Kana,Hawaii 46740 County of Hawaii Hilo,Hemi i 96720 Plwne(808)323-4770 Phone(808)461-8288 Fax(808)327-3553 PI,A1 Nl--N7GDEPARTWENT Fax(808)961-8742 September 5, 2013 Sandra Song, Esq. 10 Kamehameha Avenue Hilo,HI 96720 Dear Ms. Song: 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 Kew 2-5-006:141 Enclosed is a disk dated September 4, 2013 that is the revised record file for the above special permit, The previous disk had similar materials in Folders 3 and 4. Should you have any questions regarding the above,please do not hesitate to contact ,teff Darrow of this department at 961-8288,ext. 8158. Sincerely, DUAW KANUHA Planning Director Encl. SSP 5 2013 Hasim f oun{► s an Cypia!Opporiunu1 A'1'av der and E'mpkver 3738 William P.Kenoi Yw Duane Kanuha Mayor Dlrectior Bobby Command Deporly Director West Hawaii Office East Havat woe74-5044 Ane Kehokalole H �a� awSKaifua-Kp�aHwai96740 'ounty of HRWalll Hlo,H972o Phone(808)323-4770 Phone(806)961-8288 Fax(BOB)327-3563 PLMNNMG DEPARTMENT Fax(606)961-8742 September 5, 2013 Carter K. Siu, Esq. Deputy Attorney General Education Division 235 S. Beretania Street, Rm 304 Honolulu, HI 96813 Dear Mr. Siu: 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 orm Facilities, Intergenerational Programs, a Sustainable Agriculture Progr and a Forestry/Conservation Program Tax MgV Key: 2-5-006.141 Enclosed is a disk dated September 4, 2013 that is the revised record file for the above special permit. The previous disk had similar materials in Folders 3 and 4. Should you have any questions regarding the above,please do riot hesitate to contact Jeff Darrow of this department at 961-8288,ext. 8158. Sincerely, fbUANE KANUHA Planning Director Encl. Nua or'r f'nrrrrr} s an 1:pul Opporrund) Pro>'rder uruf Ernpk}er °`�b^�'-*- "`••' F, 3739 Arai, Daryn From: Sue Lee Loy of TedHongLaw[sue@tedhongiaw.com] Sent: Friday, October 44, 20131:00 PM To: sandrasong@hawaiiantel.net; Carter Siu; Self,Amy; Daryn Arai;jdarrow;Self gornes;Ted Hong; Glenn Sonoda Subject: Re: Connections New Century Public CharterSchoollCBESS Special Permit Application No. 12-00013- NOTICE OF NO OBJECTIONS Attachments, Joint Submission of Exhibits List to All Parties.pdf; Joint Submission of Witness List to All Parties.pdf Hearings Officer Song: Attached please find a Joint Submission of Witness and Exhibit List by Connections and CBESS. This submittal is brought pursuant to the deadline set at the August 22, 2013 pre-hearing conference. The attached document has also been transmitted by postal mail. Under separate cover, our office will hand deliver the request and justifications for our subpoena and subpoena duces tecum related to this matter, When the subpoena and subpoena duces tecum are ready,please call our office at 933-1919 or let us know via email (ted(cvtedljonlaaw.c:oin) or(sue&edhongllaw.cogi) and we will pick them up. On Wed, Sep 4, 2013 at 3:30 PM, Sue Lee Loy of TedHongLaw <suc wte 1han ;law.com> wrote: Hearings Officer Song: Attached please find Applicant CBESS Notice of No Objection to Planning Commission Record. This notice is brought pursuant to the deadline set at the August 22, 2013 pre-hearing conference. The attached document has also been transmitted by postal mail. 808.933.1919 emai L-siie-leeloyC&,iiotrnail.coiii Sue Lee Loy, Legal Assistant Law Office of Ted Hong, Esq. Tel:808.93 3,1919 (]' 1 087927 3740 em ail:sue.leelo yc@ho tniail.com Please consider the environment before printing this email. This email may contain information that is strictly confidential.The contents of this email are intended only for the recipient(s) listed above. Reproduction of this email, unless expressly permitted by the sender, is prohibited. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges. 2 3741 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.Siwa hawa.i 619v 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. 808933.1919 ted�u tedhon�law.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CRESS) BEFORE THE WINDWARD PLANNING COMMISSIO\ 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 (CRESS)JOINT Application for Special Permit Application ) SUBMISSION OF APPLICANT'S EXHIBIT No. 12-000138 ) LIST ,CERTIFICATE OF SERVICE TMK: (3)2-5-006:141; Kaurnana, South Hilo, ) Island of Hawaii 3742 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) 3743 APPLICANT'S CONNECTION NEW CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION SUPPQU SERVICES(CHESS)JOINT SUBMISSION OF_APPLICANT'S EXHIBIT L[ST 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 Heating. 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. CAWrilffR K SIU Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTERSCHOOL DATED: Hilo,Hawaii October ,2013. TED H.S. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES(CBESS) 3744 LL� v q :3 v � �, i i i i Cp*) di u 00 V) cd j> 00 2 CL cu CL E 00 t: 00 m ca co �m r- r_ cu oj o a CL < < lu J o I C� X X < I " -C OC lu v 4- 0 r-4 C',� to 3745 CO rh 00 La I L � ca l O 0 Ec > 7; L) en 9� 0 00 IJ A. cn CN m ck c) Q m 00 >' u�i V) CO i 10 co > 00 rJ E \0 cd m m 0 5 5 5 E E E Ej E!, E E E E > t: cc E CL U u u U U! rn V-) r--1 00 cl, 3746 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,u hawaii.goy Attorney for Applicant CONNECTIONS NEW CENTURY PUBLICCHARTER SCHOOL TED H. S. HONG 3569 Attorney at Caw P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted��Jtedhon�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 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 3 TMK: (3)2-5-006:14 1, Kaumana, South Hilo, ) Island of Hawaii ) CERTIFICATE OF SERVICE 3747 Af IS 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.(sandrasortfra-hawaiiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 Amy Self, Esq.(V&lf6Zco,kwAjLhijM Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 Jeff Gomes(kaja g'ggMfir gjgw iantel.net) Intervenor 281 Edita Street Hilo, Hawaii 96720 Daryn Arai (darrai atco^hawaii.hi.usl Jeff Darrow w co.haw ii.hi.us) Planning Commission Staff County of Hawaii Planning Department 101 Pauahi Strut,Suite 3 Hilo,Hawaii 96720 DATED: Honolulu, Hawaii October_,2013. fi�f� --� CA 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) 3748 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. (sandraso_n a hawaha_ntel.net) Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 Amy Self, Esq. Casqlfa co.hawan.hi.us) Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 .teff Gomes (kalanigomesw hawaiiantel.net) Intervenor 281 Edita Street Hilo, Hawaii 96720 Daryn Arai idarairu co,_hawaii.hi.us) Jeff Darrow(ldarrow4 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. TED H.S. HONG Attorney for Applicant COMMUNITY BASED EDU( ATION SUPPORT SERVICES (CBESS) 3749 OF CFLIA S"FN Senior Planner Wil Chec—Planning. lnc. Ms.Shen holds a BArch (1491),a Graduate Ccrtificate 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 consuttaiu specializing in the research and preparation or nomination fonns for the Hawaii Register of Historic Places. She has additional experience as a University of Hawaii graduate research assistant where she conducted traffic safety studies and a marine aquaculture siting study. both of which requircd the extensive use orGIS. Ms. Shen joined Wil Chee-- Planning,. inc.(WCP) in April of 2044. Work Experience April 2004—current Wil Chee—Planning,, Inc. Ms. Shen's responsibilities at WCP include land use.cooceplual, and master planning;spacelracility planning: permitting;and environmental impact documcnts. While at WCP.She has been involved with educational facility projects for St. Francis School,St, i_otlis 501001.Connections Pt;blic Charter School,and the University of f lawai`i. She was the lead planner for several master planning proiccts ror new resorts and residential dcvclopmcws in China and headed a team that prepared two Environmental Assessments(I-;As) for a road reconstruction proiect in Acc:h. Indonesia, following the disastrous tsunami Cif December 2004. Her background in preparation ol'Natioiial Environmental Policy Act(NEPA) and HRS Chapter 343 documents is cMensive, having been i ivolvcd in EAs and Environmental impact Statements(CISs) for a ~vide ranue orproiccl types. Key proiecis al WCP include: 2011 Project manager and lead author 1'or the 202K Grow the Force FA. Marine Corps Base I lawai'i - Ktimlc'ohe 201 1 Project Manager ler ilie MIIXON Projects P-749 and P-750 Bachelor Enlistcd Quarters Supplemental EA. Mat-inc Corps Base Hawaii- Kanc'ohc 201 ' Project planner and contributing author liar the Construction ora Hood Mitikation 11rojecl (PN 5602.1)ai Fort Shatter Flats EA 2011 Project planner and contributing author for the Technology Ucinonstralion for Remolel) Operated Underwater Munilions Recovery System (ROI:MRS) and Fnerbelic Huard Demilitarization System (FHDS) FA. Ordnance Reef Wai`artae. hlawai'i 2010 Project manager and lead aulbor for the Ione Range De:elopmem Plan Revision and Updale. Mid Supp#crntn(aI L-JS, University of llawai'i Ccmer— West I la+vai'i 20 i 0 Project manager and lead planner Tor the Conditional Lisc Permit for St. Francis School 201O Planner and prirnan author for the Bachelors Fnlisled Quarters Feasibility Stttd', Marine Corn Raw Fla+%ai`i • K5nc'ohe 2009 Protect ;tianager incl lead planner for the Minor Moditiea6on nrid Zoning 1��ariance !or the St. Louis Schoch Ching Tcchnology R E-earning,tenter 2009 Project manager and lead plainer f'or siie Univers;[+ or a la+vai'i Holmes Hal! 1=aciiily Renovations.Technical Assista;icc to Prepare a Proposal Package to Ilse Recovery Act N!ST Consiruclion Grant i'ro rine 700Q Proiect ma;iager and Icad aulhor I"or the M11_COh F'r jects P-719 and P-750 Bachelor Fnlistcd Quarters F.A. Marine Corp~ E3asc Hawaii'; - KSnc-olic EXkibi�_ 3750 41 Celia Siren Curriculum filar Page 2of3 2008 Project Manager and primary author '.'or the Proposed Construction of the.taint POWiM IA AccounIingCommand facility EA. I Iick am Air Force Base 2008 Proiect ptanner and contributing author for the Central Oahu Wastewater Facilities Plan EIS 2007 I-ead planner for the St. Lnui5 School Lower School Space Saud. 2007 Lead planner for the St. Louis School Classroom Study 2007 Lead planner and primary author for the Ktnlnz Ballfteld Area Site Survey Report. Flickam 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 John Rodgers Tank Farm Phase I Environmental Baseline Survey Report 2005 Project planner and primary author for the Band Aceh to McLltaboll Road Reconstruclion and Rehabilitation Project Phase 1 and Phase If EAs. Island of Sumatra. Indonesia Jan 2001 -May 2003 University of Hawaii, Dept. or Urban and Regional Planning(Honolulu, Hi) Gra[Irsare Research Asvivrani Aquaculture Feasibilit.y Study - Responsihlc for conducting the literature review; collecting oceanographic data fro+n various government agencies, researchers. etc.: modifying data for use in a t eograpl)ic information system (C,tS): gencrating spatial data lavers; venerating a demonstration model:and writing the I inal project report([&h7g Uctuercrplric lnfr,rnrulinrr.�s wrnrs fn,4ur�c't OJtshurc' .•fcfucrcnllrrreSGIe,V in ikrsciiii) Bicycle Observation Study - Responsible for conducting,the literature rcview, analyzing data collected from field observations, and writing she final project report(Bie;t'cic Oh.cerratinn,4�rrcfr). Pedestrian Observation Stud> - Responsihlc for conducfin the literature review, collecting observational data in the field. analyzing observational data, and writing the tinal project report i.,bsys.shig rlre I'nlcnlial for Lfldi,ing f,irleo Teclrnrrlopy in Peclesir ion ludic O. Aug 2001 -Aug 2003 Independent Consultant Responsible for researching and preparing Stale Register oi'Flisloric Places domination forme. Compfeled nomination forms for the Andrews. Miller. Potter, Recd. Snyder. and Davis Residences as par of the College Hills thematic nomination: and the Petersen Residence for The Contemporary Museum. Ali residences were successfully nominated to the Hawaii RegislerofFlisioric Maces. Nov 2040-.Ian 2001 independent Consultant Assisted the D`ahu 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-ycar transportation plan (Trunspor•lalinrr fpr•Oulm Plan 2025 ). • Assisted participants at public inpul and locus group meetings to cnnlplcte public preference surveys- and complied nose-meeting summaries Ilial highlighted critical issue& concerns and ideas raised during these nwelings. Compilzd. analyzed and organiz.ei for puhlicatirrn, the survcv data gathered during the public input nleetines Apr 1997-Aug 1997 Historic Preservation i)ivision,State of Hawaii (Honolulu. H1) .lune 1998 - Aug 24110 Historic Prelverruriun.Specialise Intern 3751 CCI[a shun Curriculum Vilao Pago 3 of I Responsible for maintaining the historic architectural properties database. Assisted in the researell and preparation ol'nominations to the State Register of Ilistoric Places. • Implemented the successful conversion of the historic architectural properties database into Access and enhanced the inventory-5 usability and accessibility. Cataloged the architectural properties photograph collection and added it to (lie historical architectural properties database. • Assisted in the preparation of State Register nomination forms including the University of Hawaii's East—West Center. Apr 1992— Dee 1995 Alexander& Baldwin Properties, Inc. (Honolulu, HE) laarrl Planning Analrsr 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 Pori Allen Industrial E xpansim (Kauai) and the Grocery Warehouse lot (Katra`i). ;Ind assisted in the preparation of the KukuNila Planned Community Revised Phase I (Kaua`i) coning amendment petition. All three projects received County approval For a change in zoning. • Coordinated the preparation of the Kaunoa 11 Agricultural Subdivision (Maui) SMA application. Project received County approval of the SMA permit. • Contributed to (lie development and refinement of A&B Properties' Port Allen/I leelc Master Plan (Kauu`i)for coin pany-owlied lands in the region. • Prepared Capital Expenditure Requests (CER) requiring executive managetrtcnt approval, to facilitate the progression of land developm(,nt projects- CER amounts ranged from $15,000 to S170.000. Education University of l-lawai'i at Manoa Major: Architecture Dearee- Bachelor's of Architecture. December 19()! ilrliversity of Virginia-Charlottesville Major: Urban and Environmental Planning. 25 graduate semester credits completed U-'nivcrs'ty of I-lawai'i at MAncia Major: Historic Preservation Degree: Gradaitllc Certificate in llisioric Preservation. May 2000 Major (_urban and Regional Planning Degree: Master's of Urban and Regional Planning. May 2004 Professional Affiliations American planning Associalion Nationai and E-latraii Chapier 3752 PHILLIP J. ROWELL, P.E. Principal.Phillip Rowell and Associates EDUCATION 8S.Civil Engineering, 1971.Clemson University MS_Civil Engineering(Transportation 8 Traffic Engineering),1972.Clemson University REGISTRATION Professional Civil Engineer in California(1975)8 Hawaii(1969) MEMBERSHIPS Institute of Transporlation Engineers(Life Member) EXPERIENCE RECORD 1995 to Present Phillip Rowell and Associates.Honolulu,Hawaii Principal of consulting firm specializing in transportation planning and traffic eng,neering projects in Hawaii and California The following are representative recent projects. Piliani Promenade(Kihei) • Saddle Road Extension TZAR • KIC Resort Area 26 TIAR(Kailua-Kona) • Puunene Heavy Industrial Subdivision • Cosco.Lihue.Kauai Fort Shafler Flats Drainage Improvements Traffic Managemenl Plan • Kapa'a Light Industrial Park(Oahu) • Stryker Brigade Combat Tem Facifdies at MCBH Onizuka Space Center Museum at Keahole Airport Hyatt Regency Master Plan(Kaanapali) • Target(Soft Lake) Puunene Avenue-Mokulele Highway Widening L1H West Hawaii Campus • Oahu Commercial Harbors 2020 Master Plan • NMFS Honolulu Laboratory Renewal • Picc-Union Neighborhood Traffic Protection Plan('Los Angeles) • American Dental Association Convention Traffic Management Plan(Honolulu) • Lions Clubs international Convention Traffic Managerner'.t Plan(Honotufu) First Hawaiian Internalrenal Auto Shaw Traffic Manageliient Plan • No 1 Capdal pistricl Budding Traffic Impact Analysis • Chma-lJ S Center Traffic Impact Analysis(Hilo) 1995 Parsons Engineering Science,Inc..Honolulu,Hawa<i Senior Traffic Engineer-Responsrbililles included business development in the areas of IraYic engineering and iTanSPcriallon planting and coordination of Irafsic sludies wish ocher discp)ines and offices Manager of Iraff,engineering protects conducted by the f+onofuf;ofTsre Manager of traffic engineering projects conducted by the Honolulu office,including lraKc studies V. Hawaii Convention Center Traffic Analysis Watmarl Traffic Impact Study Waiakea Hilo Hawaii 1989 to 1995 Barton-Aschmen Associates,Inc. Honolulu Hawaii Prtnclpat Associato Manager of the Honotulu office and project director to=alt prgecls conducled m riat office Served as Project Manager on the fdlowing representative projects Castle Junction Interchange Study • Aloha Tower Traffic Study • Maw Business Park Phase 2 Kahului Maui • Maui Lu Traffic Study Xthe Maur Makena Resort Master Plan Traffic'mpact Sludy Kana Coast Resort TlS and Alii Drive Design Kona Kahului Town Center TtAR and Basis of Des;gn Study.Kahului,Maui • Aloha Tower Traffic Impact Studies Honolulu Traffic and Parking Sludies for HonoiLdu International Airport Traffic and Parking Study for Guars'nlernational A rporl Expans,on Construction Trac Management Plan for Honolulu Inlemahonai Airport J .-Rc'veii p Page i of 2 'filly 3753 6 �a 1984 In '9a9 Barton-Aschman Associates.Inc.,Pasadena,CA Senior Assoclate-Performed traffic impact and parking studies in California.Hawaii.Arizona.and Nevada. Representative projects include. General Telephone Co HO Traffic Study.Thousand Oaks.CA • Cityvede Tsatfic Impact Milgalion Fee Stutr,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 • Hoffywood Parking Study,Los Angeles.CA • Tucson Mall/Tucson Place Traffic Study,Tucson.AZ 1982 to 1984 Department of Transportation.Bevetty 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 of aH traffic impact studies submitted to the City;installation and maintenance of traffic signals.independently conducting traffic studies for City protects;and implementation of the City's street and alley lighting program,public shuttle bus programs,and Street Master Plan. 1980 l0 1987 Wilbur Smith and Associates,Kuala Lumpur,Malaysia 8 Hag Kong Project Design Engineer-Conducted Traffic studies and prepared prellminary geometric plans for 11 interchanges along the ldra,ButLerworth Toll Road in Malaysia. Subsequently prepared final plans for the interchanges, in Hong Kong,prepared plans for a new rrderchange connecting mainland China with Hong Kong 1,978 to 1980 Wilbur Smith and Associates,Lexington.Kentucky Project Design Engineer- Prepared plans and specs for the foilowieg • Main Street Inlerchonge,Lexmgfon,Ky Edgewood Boulevard.Lansing,MI 1-407f-540lnlerchange,Knoxville,TN Kenwood Subdivision,Lexington,KY '974'o 1978 Wilbur Smith and Associate.Los Angeles,CA Senior Transportation Planner-Ma1nr projects worked on wee • Walt Disney World Transporlalion Siudy,D.fando.Florida • CityAVide Circulation Study,Santa Maria,Califofnia • San Gabriel Valley Transit Study for SCRTI D Los Angeles,GA Wesi Los Angeles T�ansd Siody for SCRTD,Los Angeles CA 1974 to '974 Wilbur Smith and Associates,Columbia,SC Design Engineer Representatwe projects intrude South Mountain Retirement Resort,Burke County.NC Waaamaw Planta:icn,Waccamaw,Sc Monroe Downiowr Redevelopment Prolecl,Monroe,NC Seaboard Park Redevelopment Protect.Co!vmbia SC 157' !0 197' Civil Engineering Department,Clemson University,Clemson SC Graduate Teaching Assistant.Graduate leaching assistant in the Civil Engrrreenng Deparimenl Classes mc'.uded transportation plarming and traffic engrneerng Kiri r�1 ? Rr)weli. P E ria^,e 3754 Curriculum Vitae Kevin Luoma PE LEEDS 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 teem.® Professional Qualifications B.S.Mechanical Engineering, University of Michigan Licensed Professional Engineer—Mechanical—Hawaii(#13191) & California(#32388) LEEDS—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 EducaWn a Malama Looming Center,Kapolei,Maui N Lanai High School—6 Classroom Building, Lanai, Hawaii N Morgan Stanley Tenant Improvement, Honolulu, Hawaii a University of Hawaii IT Services Building. Honolulu, Hawaii a University of Hawaii Culinary institute of the Pathic, Honolulu, Hawaii a King Kekouliks High School Auditorium a Walluku Elementary School,Wailuku, Hawaii a Hawaii Pacific University New Chiller Plant and Academic Center Renovation, Kaneohe, Hawaii a Hawall Baptist Academy High School Expansion, Honolulu, Hawaii a lolanl School innovation Center, Honolulu, Hawaii Currlcutum Mise WS P Kevin iu0ma 1 i 2 3755 Curriculum Vitae Commissioning • Lokelani Intermediate School, Kihei, Hawaii • University of Hawaii Webster Hall School of Nursing, Honolulu, Hawaii • Waianae High School,Waianae, Hawaii Sustainable/LEED® • Malama Learning Center, Kapolei, Maui • Pacffic Beach Hotel LEED EBOM Study, Honolulu,Hawaii • Kauai Federal Credit Union, Kauai, Hawaii • Lanai High School—6 Classroom Building,Lanai, Hawaii • Morgan Stanley tenant Improvement, Honolulu,Hawaii Heattheare • 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 • Boilingbnook 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 • A16 Place,Honolulu, Hawaii • Pacific Guardian Center, Honolulu,Hawaii • ABN AMRO Plaza,Chicago, Illinois • Dearborn Center, Chicago, Illinois • Waterfront Plaza,Honolulu, Hawaii General • Abbott Labe Daycare Facility, Gurney, Illinois • Omori Residence,Honolulu, Hawaii • DOW Agrosciences, Kauai, Hawaii Cumcufum Vitae ANWSP KO&Luoma 2 2 3756 ERIC S. GUINTHER AECOS lint. �-� Eric B. Guinther is an ecologist/botanist 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 tefrestrial 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 GLASS 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 Pohaku o Hauwahine, a state park reserve Education University of the Pacific, B.A, Biology. 1965. University of the Pacific, graduate studies. 1965-1967 University of Hawaii, graduate studies. 1967-1973. Posihons 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 3757 1..Di4 Reginald E. David Rana Biological Consulting Phone: (808) 329-9141 PO Box 1371 Cell. (808)937-0124 Kailua-Kona,Hawaii 96745 e.mail: 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. I 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 Dol), Integrated Natural Resource Management Plans (1NRMP's)as well as State of Hawai'i Section 343 Environmental Assessments.) 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. Reed Activities: • US Fish&Wildlife&DLNR, Newell's Shearwater Working Group. • US Fish&Wildlife&DLNR, Hawaiian hoary bat Technical Working Group • State of Hawaii Department of Land and Natural Resources, Natural Areas Reserve Commission (NABS)Commissioner: 1999-2004 Moderator-HawaiiBirding chatline and website: 2002-present • Hawai'i Natural Heritage Program,Ornithological Advisory Committee, R.David Orn+th6ogical C.V,&Pub'ication List-10/16/12 Pg. 1 - E.Xhl11l 4L- c:�2, 3758 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 Societies: • American Ornithologist's Union, • Association of Field Ornithologists, • Cooper's Ornithological Society, • Wilson's Ornithological Society, • The Wildlife Society. R.Oavid Ornitholog,cal C.V.&Publication List-20/16/12 Pg_ 2- 3759 John J.Ida,AIA,CSI '��rP�:ISfF',.KftGllk, URBAN works Exhibi 3760 t R4^ AECOS, Inc. 45-939 Kamehameha Highway, Suite 104*Kaneohe HI 96744 Telephone: (808)234-77700 Fax: {808}234-7775 *Email: aecos@aecos.com DAVID MIRANDA David Miranda received a B.S. degree in Horticulture Technology in 1978 from the University of Hawaii 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. • Deveieping 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 forAECOS, 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 Hawaii 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. ExhibiL\_3 3761 Dennis i. Hirota, PhD, PE, LPLS President, Civil Engineer/Land Surveyor Sam O. Hlrota, 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. Hirota, 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 cavil 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, Nostt+-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 Hienaloll Extension Study, Kailua-Kona, Hawaii 20042011 Waikoloa Employee Housing, Kamakoa Vistas,Waikoloa, Hawaii 20042011 Ka Milo at Maunalani Resort, Maunalani,Waikoloa, South Kohala, Hawaii 20042012 Stroud Subdivision, North Kona, Hawaii 2003-2008 Maniniowali Subdivision, Kailua-Kona, Hawaii 2003-2205 Kukio Golf Course& Maintenance Facility, Kailua-Kona, Hawaii 1999-2045 Kukio Subdivision, Kailua-Kona, Hawaii 1988 — 1974 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 Exhibit 3762 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/19731#3377 Registered Land Surveyor, Hawalil1997N9141 Registered Land Court, Hawaii12004/#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—20042008, Vice Chair 2008 2 3763 Steven L. Montgomery, Ph. D. 94-610 Palai Street Waipahu, Hawaii 96797-4535 USA tel: (808) 676-4974 fax: (908)677-3721 cell. (808)-342-6244 email: manninga001 @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. lames 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.&Fish and Wildlife Service 1978 Field consultant, co-author, Unique Wildlife Ecasyslems Concept Plat, U. S.Fish and Wildlife Service I977-72 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 Hawaii, Oklahoma, Louisiana, and Michigan for U.S. Public Health Service, U.S. Department of Agriculture, Notre Dame University, and University of Hawai'i Exhibit1 0k 3764 2 FIELD EXPEJ2IENC since Extensive experience in the Hawaiian Islands of Niihau, Kaua'i. Oahu, Maui, 1967 Moloka'i, L'ana'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 CQbtUU I TY_NETWORKING and SERVICE since 1979 Research Associate in Entomology, Bishop Museum, Honolulu, HI 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 f 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 Hawaii (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 Mmnao Award, Hike Leader of the Year, Sierra Club High School Hikers 2002 Unsung Hero, Hawaii's Thousand Friends 2002 Koa Award, Conservation Council for Hawaii 2000 Coral Reef Award, Conservation Council for Hawaii 1998 Outstanding Citizen Wildlife Contributor of the Year, Western Association of Fish and Wildlife Agencies 1997 Hawaii 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, Hawaii 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 ,5refven L. !Lfonlgomerv. .Irrly 011 3765 3 PVBLICATIONS 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 Island." February 2011, report to PBR Hawai'i & Associates for Nani Kahuku `Aina,LLC. 73pp. "Survey of Terrestrial Invertebrate Resources on agricultural lands at Honokohau, North Kona, Hawaii Island."Nov 2010,report to PBR Hawaii do 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 Marrduca on Nicoriana glauca along Mamalahoa Highway (Route 190), Island of Hawaii."February 2010, report to Parsons Brinckerhoff for Hawaii State Department of Transportation. "A Reptilian Smoking Gun: First Record of Invasive Jackson's Chameleon (Chamaelea jacksonii xantholophus) Predation on Native Hawaiian Species," Biodiversity& Consenafion, 2010. 19(5): 1437-1441. Brenden S. Holland, Steven L. Montgomery, Vincent Costello. "First recorded Hawaiian occurrence of the alien ground beetle.Agonum 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. Prue. Hawaiian Entomological 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. Montgoinery. Proc. HawaiianEnfornological Socief-y. 41:121-127. "Survey of invertebrate Resources West Makaiwa, Harnakua 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, Hawaii. 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. .Sleven L. Monrgonicri, July 01 3766 4 PUBLICATIONS and REPORTS(cont.) "The Little Things That 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, Hawaii. "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, Hawaii 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, Oahu, Hawai'i,"Sept. 2008, report to AECOS Consultants for R. M.Towill Corporation and City & County of Honolulu, Department of Environmental Services. "Survey of Native Invertebrate Resources at site of future expansion of Hawaiian Memorial Park, Kaneohe, 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 dune 2008, report to CH2M Hill, Honolulu, for Shell WindEnergy Inc. Identified presence of Mandrrca. "Survey of Native Invertebrate Resources at La'ipala Heights, North Kona, Hawaii Island," May 2008, report to Group 70 International, Inc. for Kona Heights LLC. Drosoplrfla brief-:ng for Naval Facilities Engineering Command, Pacific, entomologists. Apr 24. 2008 "Survey of Invertebrate Resources at Waiawa, 'Ewa District, O'ahu, 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-Hl. 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. Montgonrei;v, JuIv 2011 3767 5 PUBLIC TIONS and REPORTS car[ "Survey of Terrestrial Invertebrate Resources on Makaiwa Hills Project Site, `Ewa District. Oahu, 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 Kauai", 2005. report for Po'ipu Beach Villas, LLC. "Results Of 2004 Wekiu Bug(Nysius weki:ticolu) 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, Forth 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"C, 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 An-ny 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. Sieven L. .kfunlgom r-v. Jtill,2011 3761 6 PUBLICATIONS and REPORTS fcont.l "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 Hawaii", 20W, 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 arnbachila, 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, 2004, 54:2, 169-181. "Preliminary assessment of potential, opportunistic terrestrial arthropod use of dredged sediment, Waipi'o Peninsula CDF, Pearl Harbor, Hawaii, Oahu", 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 & S. L. Montgomery. 1999. Proposed new Hawai'i 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." 1998, report for Bishop Museum, Honolulu, Hawai'i. [for results see An Arthropod Assessment it-Wrin Selected Areers of the Mauna Kea Science Resen,e, F. G. Howarth,G. J. Brenner, D. J. Preston, 1999] "Natural Resources Survey & Report for 17"' Area Support Group installation, Japan: Fauna Investigations", (contributor to Eric B. Guinther, et a].) 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/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. .Vfontgomery, July 2011 3769 7 PU, UQT,LOtVS and REPORTS!cont.I "Animals on the Earth: Moths" (translated),Asahi Shimbun, 1992, 78:181. "Population Ecology of the Kamehameha Butterfly (Lepidoptera: Nymphalidac)".Annals of the Entomological Society ofAmerica, (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 curbs(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," GeoJournaf, 1983. "Predatory Inchworms and Aggressive Mimicry in the Hawaiian Islands,"Anima, 1982, 106:50- 56(translated to Japanese). "Biogeography of the moth genus Eurpithecia in Oceania and the evolution of ambush predation in Hawaiian caterpillars (Lepidoptera: Geometridae)", Journal series(Hawaii Agricultural Experiment Station), 1982, 2329: [271-34. "Biogeography of Moths in Oceania and Evolution of Ambush Predation by Geometrid Caterpillars," Entomologia Generalis, 1982, 77:1-9. "Hawaii's Natural Area Reserves System: A Conceptual Pian 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.Gaged), 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(Eupithccia 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. Muntgomer v. .hih-2011 3770 8 PUBUCATIQNS and REPORTS(cont.) "Ecology of the dry land forest at Kanepu'u, island of Lana'i." (with G. Spence), Newsletter of the Hawaiian Botanical Society, 1976, 15(4-5):62ff. "Comparative Breeding Site Ecology and the Adaptive Radiation of Picture-Winged Drosophila in Hawaii," Proceedings, Hawaiian Entomological Society. 1975, 22(1):65-103. "Botanical Resources Along North Kona's Ancient Coastal Trail," Net Ala Hele: Trails for Walking, 1973, Department of Planning and Economic Development, State of Hawaii. "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, 197 1, 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. Mowgonrer y, Jul v 20 1 i 3771 y C V —a atrial record NEW SPECIES Hawaiian Islands flies Drosophila mor:rgotrreryi, Wai'anae, O'ahu D. anropoceru.s n. species, South Kona, Hawaii D. touchardiae, en Olona shrub above Kahana,Oahu D. toxochaetae on Olona at Mapulehu. Moloka'I D. paucicilia,Wai'anae, Oahu D. ohame D. revnoldsiae D. ohernakai Moloka'i D. pulipes, Hawaii Asteia montgornervi, N. Kona Wiliwili Branch Fly Lirrronia hardyi[flightless crane fly] Campsicnernus n. sp. jMt. Ka'ala, Oahu flightless long-legged fly] moths Agrorius n. sp. [summit ice cutworm noctuid] Eupithecia n. sp. [East Maui orange] E. new species#8 [Moloka'i, Maui, O'ahu bristly caterpillar[ Aunrakrta ornaornao, Maui& Moloka'i populations other Nvsius►rekirricala [Wekiu vampire bug] with F.G. Howarth insects Plagithrnvsus morugorrter_vi [akoko longhorn wood borer] plants Rernya rrrontgornervi, Kauai [aster family] 5tenogyne campanulata, Kaua'i [woolly mint] Perottetia n.sp., MAN wet forest, Kaua'i [Olomca] Hedyotis n. sp., Manono shrub Napali cliffs Charuaesyce elenarae, Katalau [cliff akoko or spurgel Hihiscadelphu.s woodii, Kauai, with K. Wood Pacific Islands moths Gvrnnoscelis rnantgorner,vi on Clematis flower, Ogasawara Islands [dimorphic looper] Cleara sp, Ogasawara Islands [looper] Asymphorodes montgo►neryi, Marquesas Is. [micromoth] flies Chloropid n. sp., Orohena, Tahiti [flightless fly] Sleven L. .Vonlgoniery. JOY 2011 3772 f0 REDISCOVERIES Hawaiian Islands Cookeconcha, Koloa, Kauai snails Newrombia, on pua, Oloku'i, Molokai insects Micromus cookeormn, flightless brown lacewing, Maui Eupithecia niphoreas [ambush predatory behavior] Theridion grallator, Happyface spider [notice of markings on back f Caconenrobins schauinslandii. Pu'ukoa'e, Kaho'olawe plants Chanaaesvice olowaluan, a tree akoko, with S. Perlman Marquesas Trichornetra, flightless water measurer bug NEW LOCALITIES Hawaiian islands Euphorbia haeleeleanunr, akoko, Ha'ele'ele Valley on Kaua'i plants Caesalpinia kavaiensis, uhiuhi, Koai'e, Kauai NEW STATE and ISLAND RECORDS partial record arthropod Schizonuda, Manoa Quarry cave, O'ahu, with F. G, Howarth insects Hvdrellia rritici, rice leaf miner. Maui and Hawai'i Antiota Ephydridae, shore fly Agonum nruelleri(Herbst)(Coleoptera: Cambidae) Mauna Kea summit Steven L. Montgomery, Julv 2011 3773 %%\ %Ard—mid kt, '�• " HISTORIC PRESERVATION DIVISION DEPARTMENT OF LAND AND%AITRAL RESM WES 355 April 11. 201,-s ,Mr. Paul Nash.P.E. LOG NO:2012,3020 Allis Engineering.LLC. DOC NO: 1304TI30 I P.O. Box I 1189 y Archaeology Hilo.Hawaii 96721 (c/o zp nash a yihoo.com) Dear Mr.Nash: SUbJeCL: Chapter 6F-42 Historic Preservation Review— llswai'i County Grading Permit for Construction of si Properly Boundary Fence Ponahawai Ahupun's,South M10 District.Island of Hawaii TMK. (3)2-5-006, 141 Thank you l'or requesting our review of'the proposed application, which was mceivcd in o-or offlice(DctQbcr 9,29 12. We apologize F(-.)r the dcfayed response The pemik is fbr after the Fac( work to install a fence along the properly boundary of an approximately Y d 1-acre portion of the 72.34-acre parcel ]'lie parcel is owned by the State of Hawaii and Icascd to Connections Chirier School.The work consisted ofur-Ading and gruhbnig along, ,a 25 Fool {gide path to -Mow access von %,4;7V_ €_O_nec illsi'M Im lon aT0U71d the arca �dcnkificd as ilie lower canipus.Total area affected by [lie wort:was 4.3 acres. The project area was subjected to ir, rircfiaC0I0giC,1I IiCld survey.during which no historic properties were idenoried (Reeve & Ckghom 20101. Dense vegctation restricted surface visibility during the surveN: however, the entire parcel is situated on a law 19" century lava flow. which limits the likelihood of surface archaeological resources. Our office previously requested that the full exicni, of a known lava tube symcni (KaUmanzi Cave) be examined henealh this p,57cQl it{order to verify whelfier historic rToper.ies arc presence in suhterrancan contexts(Lctler dated September 24, 2001). Log 2009.3291, Dec. 09091-132) Additional Cieldwork, was conducted within the Cave. and it was concluded that the cave was beneath the upper carnpUS area only, and that no historic properties were present %y ithin the noriians ol'the cave that nin henea(h dic tipper campus area(Reeve 2010), Given [he negative findings of the surface survey. and the absence ofarv, 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)933-7(x5.33 I'f'you have any questions or cc»ccrns regarding this lencr Aloha. "'heresa K.Doriiatr A7chaenli)gy Rmoct-.(I)ii:17 3774 DAVID M. LOUIE 2612 Attorney General of Hawaii CARTER K. SIU 7313 Deputy Attorney General Department of the Attomey General, State of Hawaii 235 South Beretania Street, Room304 Honolulu, Hawaii 96813 Telephone No. 808.586.l 255 Carter.K.Siujrr_hawaii.gou 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'a tedhontlaw.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 COM Mt'NITY ) BASED EDUCATION SUPPORT ) APPLICANT'S CONNECTION NEW SERVICES ) CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION SUPPORT SERIVC£S(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 ) 3775 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,(sandrasona(_.hawaiiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo,Hawaii 96720 Amy Self, Esq.Easel .co.hawaii.hi.usl Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo,Hawaii 96720 Jeff Gomes(kaIn g,Qrrses(i4hawajimtel.net) Intervenor 281 Edita Street Hilo, Hawaii 96720 Daryn Arai(darai „co.bawaLAL m) Jeff Darrow(jdgMwCi M. LNtw Planning Commission Staff County of Hawaii Planning Department 101 Pauahi Street,Suite 3 Hilo,Hawaii 96720 DATED: Honolulu, Hawaii October 2013, CAVM K.SIU Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL, DATED: Honolulu, Hawaii October ,2013. TED H.S. HONG �4 Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) 3776 6 APPLICANT'S CONNECTION NEW CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION SUPPORT SERVICES 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 , 2013. CARTER K. SIU Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL t DATED: Hilo, Hawaii October , 2013. H.S. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) 3777 , O i E E 15E ~ ca -p o aC v) o in Q E N r3 ri ri r, cn Lb 3 t0 M ¢ 1D Q "D fl) IQ `s Q `p I y m I Q Q Q i< Q Q m Q ¢ Q Q Q Q 6 Q Q < wQQ Q QQ _ Q ¢ Q 00 00 < Q Q QQ C-- cc a `~ � Q wpz � x a 44 � U ri ed y c:i U � o oro 3 ZZ U .� W ;W !'� '� �� �' IAC U � j •o x --, U. CA Lr cu �. L4 G�— Q Q pa C ` c9 1 i z u z !I I Uo io ' G a J7 u ! ! sa �-' a a p cZI E V J � � L +•L I� �� �r � Q C i 1 v a� n. LL a o c L I ella � — ! ° hoc �4!�4 3i 3778 W zQ E E E E E E iE ! E EI ¢ ¢ ¢ ¢ m �i w rri �G i tri �D ri \0 rr D r 'o 1:1 ri ^- Q < QQ QQ ¢ Q Q ¢ c.IQQ - QQd < < < a w C14V% C14 -o ni vi vi vi ¢ z ¢ a ¢ Q e ¢ �a ¢ �a ¢ !¢ ¢ a ¢ a ¢i«i¢ N 3 U z o m x Q � pZ, i CN w , �, .c}•��, ,� c� Tn � G �' a 4 w.+ L E C C U im G G, '� Q, p E E o f a� E E 0 j r, .�cz Uo Uc J0 ea ca - ---- c�., r i c � w u u = j (f] v I a. � o ii F Q a✓ 1�°, li � � � i i z I E y L% -aLU o ,s ro 3779 17r< rn 4 i Q Y U z C= i.E E W c �Zp E E E j5 IeTtnn n! + r- (— IQi� ¢�� ¢ice ¢;� ¢ Q im %0 e-�c C-,�Q e- �o M '.O ri %0 ¢ ¢ ¢ ¢ ¢ a ¢ ry¢ ¢ ¢ Q O W ¢ ¢ Q ¢ �I`Q Q ¢ < N Q x Q LU I E LL'LLJs M Q d ? v vt sn vt vs J d a+ cG ¢ y v m v 2 E E E � E E 3 o o � o IQ 3 ¢ N � 04 rr ca 04 � a Lu as f j IC),2 E z f j �, o +cn v _U � I � I ice* k �/ � � i � 1 n• E I 3780 +e V4•V DAVID M. LOUIE 2612 Attorney General of Hawaii CARTER K. S IU 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.Sivahawan 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 u_tedhongla.w.corn Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. I2-000138 } } CONNECTION NEW CENTURY PUBLIC } CHARTER SCHOOL AND COMM. k--LAITY ) 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 ) T%4K: (3)2-5-006:141; Kaumana, South Hilo, } Island of Hawaii ) CERTIFICATE OF SERVICE 3781 u APPLICANT'S CONNECTION NEW CENILLRY -UBLIC CHARTER SCHOOL and COMMUNITY BASED]EDUCATION SUPPORT SERVIiCES{CBESS3 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, CAARTER K. SIU and TED H.S. HONG,hereby provides notice that they intend to call the fallowing witnesses to testify as the Contested Cane 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. 64 C If.�Sl 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(CRESS) 3782 ti M 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. (sandrasoqgLjhaWaiiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo,Hawaii 96720 Amy Self, Esq. (asel fg co;hawaii.hi.us) Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 Jeff Gomes (kalani oX mes:u;hawaiiantel..net)I Intervenor 281 Edita Street Hilo, Hawaii 96720 Daryn Arai ldaraicg co,hawaii.h►.us) Jeff Darrow ijdan'ow�t co,l�awaii.h .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. TED H.S. HONG Attorney for Applicant COMMUNITY BASET) EDUCATION SUPPORT SERVICES (CBESS) 3783 t ! Y yr 1 iA0 4111 ) r .,r.. TED H. S. HONG, ESQ:r;... . T Attorney at 1,2w P. O. Box 4217 �� Hilo, Hawaii 96720-0217 �"`' 2: 05 (SOS) 933-1919 ofE-ice/fax tedLajedhqpglaw.corn TO: Sandra P. Song, Esq. Daryn Arai,Planning Commission Staff Hearings Officer Jeff Darrow,Pianni ng Commission Staff 10 Kamehameha Avenue County of Hawaii Planning Department Hilo,Hawaii 96720 101 Aupuni Street,Suite 3 Hilo, Hawaii 96720 Carter K.Siu, Esq. Jeff Gomes Deputy Attorney General 281 Edita Street 235 S. Beretania Street, Room 304 Hilo, Hawaii 96720 Honolulu, Hawaii 96813 Amy Self, Esq. Deputy Corporation Counsel 333 Kilauea Avenue Hilo,Hawaii 96720 FROM: Ted H.S.Hong,Esq. DATE: October 15, 2013 RE: CONTESTED CASE - SPECIAL PERMIT NO 12-000138 Enclosed,please find the following: Original: Dated: Description: 1 joint Submission of First Amended Witness List [XX] For your information ( ) For signature and return ( ] Per your request M [ ] For review&comment { ) For distribution ( ] Per our conversation [ ] For recording/Sling [ ] For necessary action ( ] Other: COMMENTS: Please find enclosed our Joint Submission of First Amended Witness hist. Kindly note, the Hearing Officer has been provided the Origin d all other parties have been provided copies. Sue L. e oy, a] A istant Te ong, Esq. 3784 DAVID M. LOUIE 2612 Attorney General of Hawaii CARTER K. S[U 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 arter.K.Siusaihawaii. Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hila, fiI 96720 Telephone No. 808.933.19]() ted a)tedhon law.com Attorney for Applicant C'OMMUNIT'Y BASED EDUCATION SUPPORT SERVICES (C'BESS) BEFORETI-iF, WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000139 ) I CONNECTION NEW CFNTURY PUBIX } CHARTER S('14001. AND COMM UN[TY ) BASED EDUCATION SUPPORT I APP[ [('ANT'S CONNFUTION NI:W SERVICES ) ('i'N'I't'RY PUB[.I(' ('IIART'[:R S('IIODI and I COMMUNITY BASE[) f4WCATION I SUPPORT SER1V TS (CRESS) JOIN] Application for Special PerrTilt Application 1 S['BMISS[()N O[; APPI,WANC'S HIZST -No, 14-000138AMI'•NDED Wl'iNF.SS 1,151' , ('1,1R lFR'A"I1s I DI, SERV[('[. l TMK, (3)2-5-006: 141; Kaumana. Scarth Hila, ? Island (if I[awak ) U 3 8 -j4L � 3785 � I 4. dL 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, 201 3 pre-hearing conference held by Hearings Officer Sandra Song. DATED: Honolulu, Hawaii October , 2013, CARTER K. SIU Attomey for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL. DATED, Hilo, Iia%Aaii October ? , 2013. H.. . HON - - - Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (("BESS) 3786 w CD <' w z O �. ❑ ; iti n Cr n gr CD ar- o CDCDn w G � a C o '* cr O s z CD O � CD GCD z A Cn .�-• rte--- r C c� n r �• �• � � � O x u o fD r�r r�r 7. O V O co C _ L4CL Q CD En n r, C) (� p r U t o 0 N o c -y c' p Z A.0 VI o n f 'Ti � CD o O r- CD n Cn Q. rn V � O o>000 > 4 > 4� 4 a 4- > > > r o Ih t`l « ti to tv VI IJ Ui rj SCJ �. > > a Y > > a w ., — - - -.^ ---_ coo IA I 3787 C" CA -- C7 b CC b V� d d < rD n ry R G a' CD .� x .° o x oa 7C o -� U Cr7 ° x m m � v Y o tr7 p z �, > a _p w rD s� R o > G > C:r CL rro ^ CA r' -` s p cry z n z rD n Ln rD G � z CIL ZT, Un > CQ a m C R � RC ro ro `ros CD *' m rJ O � w ry RrD G G G C m. W O a O '^J - G (moo V. s G w o Eh cn Ln cin n CD Ln v p '� '� > � � G CDco v p o_ R ORS ti N P p (D a nCL —__ ____ __ ,._._ _ 0 n U, oc CL o LOO rD > ° O > > > > > > > > > > > > z o > v-At Ulri Jnr , vet., > > » 9 > ;> > > > > > � X o wTwo, C7, ljxx Rn f� 7" » > > > > } y I Ln 'Y.r rD J •J. _ a Cr I I ^ V 3788 PO no z y p a CD 7:s U A- Q su z O G G w p G ;97" rD 7 c- b � � r w b7:5v7 > 15 O cy, p CD CD Z rr �� C7 � z � v > C-Din- �. Y x � O O G G O" 0 0 O G u + cr v v rn V En w V V3 n w V, > a O n O O v v u 17 1o in. -- — _ —— — — — -- — — -. CD In. o w zoo zxwz >> > y > >> > » D » » > > > > > z O In N CA LJ krt T Vi tJ Un [J Vi t Vi IBJ tj (-A t.] > VN RC > > > ' > p > ' > - 7C TA w 3789 �S 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.gov Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 >-lilo, Hl 96720 Telephone No. 808.933.1919 ted(ri tedhonglaw.eom Attorney for Applicant C'OMMU'NITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEVORETHE 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 } APPLIC'ANT'S CONNECTIONS NFW SERVICES ) ('I.NTURY PUBLIC CHARTER 501001 and } COMMUNITY BASFD F"D UCATION SUPP()R"I SFRIVCES ((`131 SS); Application for Special Perniit Application ) ('F:RT[FICA"I E: OE Sl:RV!('1; No. 12-000139 ) TMK: (3)2-5-006:141 -, Katiniana, South 1-I do. } Island of Hawaii ) CERTIFICATE OF SERVICE; 3790 I HEREBY CERTIFY that on October_��� . 2013, I caused a trite and con•ect copy of the foregoing document to be served on the following persons by electronic and postal mail: SANDRA P. SONG, ESQ. (sandrasong(whawaiiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 Amy Self, Esq. (aself(�co.bawaii.hi.us) Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 Jeff Gomes (kalanigomescdhawaiiantel.net) Intervenor 281 Edita Street Hilo, Flawaii 96720 Daryn Arai (darai dco.hawaii.hi.us) Jeff DatTow OdarrowOko.hawaii.hi.us) Planning Commission Staff County of Hawaii Planning Department 101 Pauahi Strect, Suite 3 Hilo, Hawaii 96720 DATED: Honolulu, Hawaii October , 2013. CARTER K. SIU - - - -- ----- -- ----- _-- -- ------- Attomey for Applicant C'ONNECTION'S NEW CENTURY PUBLICCHARTER SCHOOL DATED: Honolulu, Hawaii October 1 j 2013. TE -f.S. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SFRV[CF.,S (CRESS) 3791 A I 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. (sandrasong(a.hawaiiantel.net} Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 Array Self, Esq. (aself(dco.hawaii.hi.us) Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 Jeff Games(kalanigomesLu hawaiiantel.net) Intervenor 281 Edita Street Hilo, Hawaii 96720 Daryn Arai (daraicbco.hawaii.hi.us) Jeff Darrow (idanrow(aco.hawaii.hi.us} Planning Commission Staff County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 DATED: Honolulu, Hawaii October ``;._ . 2013. C TEK. SILT 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) 3792 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 `a _, 2013. 4CTEI9. SlUn_� 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) 3793 a = TED H. S. HONG, ESQ. e, T Attorney at Law P. O. Box 4217 Hila, Hawaii 96720-0217 (808) 933-1919 office/fax tcd(astcdhonglaw.corn TO: Sandra P.Song, Esq. Daryn Arai,Planning Commission Staff Hearings Officer Jeff Darrow, Planning Commission Staff 10 Kamehameha Avenue County of Hawaii Planning Department Hilo, Hawaii 96720 101 Aupuni Street,Suite 3 Hilo,Hawaii 96720 Carter K.Siu, Esq. Jeff Gomes Deputy Attorney General 281 Edita Street 235 S. Beretania Street, Room 304 Hilo, Hawaii 96720 Honolulu,Hawaii 96813 Amy Self,Esq. Deputy Corporation Counsel 333 Kilauea Avenue Hilo, Hawaii 96720 FROM: Ted H.S.Hong,Esq. DATE: October 15, 2013 RE: CONTESTED CASE-SPECIAL PERMIT NO 12-000138 Enclosed,please find the following: Original: Dated: Description: 1 Revised Exhibit A-20 (total of 3 pages) (XX) For your information ( } For signature and return ( ] Peryourrequest I I ( ) For review&comment ( ) For distribution ( } Per our conversation ( } For recording/fiiing ( ) For necessary action ( ) Other: COMMENTS: Please find enclosed our Revised Exhibit A-20. Kindly note, the Hearing Officer has been provided the Original and all other parties ha en pr e co ies. Sue L, K. o , L al Assist nt e . . ong, Escl, 3794 _47 `,T N'ILLIA6I J.AILA.JR t1 f OWJf [irAT FAMIR NCILABERCRO"Ipr£ �,� ea.aowLAyn M-n FAnaAL IEr.1L4cE7 rnv4rr_vl�nr riwr4ii A soap. 7 IL-11111aNWATl�i 4 Lwz MANAamI 7 • y`.yA•,Y� \� C4711r11 KFXAINA FN9TrwP1.TY �LV4 Smd 4f,� AILLIA"!"1.7AM 4y A �T nrr�nw1[Y01.-r'A�[l AWAVICLIUSUMCW •1 � �1 � V� �T lOA7tlY.NILt M11KRiLIILM: V �•�y(:. }IFNI:IIF CONA'kYA1.TF3 l tniL,u,541k hk A•ArF"it SatliF uAr�4�urAT COVATKW A,:D RLWtF04r1A1 LACE HISTORIC PRESERVATION DIVISION ""°�"YAT"a'•"`°"`S01"�1"a" `"�`s` 1NGMLlrai DEPARTMENT OF LAND AND NATURAL RESOURCES Ivyrs74v vvwLaur iasrnrt�r"rsnvsnbrl �'NtMF Awl!sl A4•n�kSi"V!t•JUW seywr L4fla 601 Kamaklla 9oulevard.Suiie 555 iTA rrwxc Kapold.HI 96806 April 11,2013 Mr.Yawl Nash,P.E. LOG NO:2012.3020 Atlas Engineering,LLC. DOC NO: 1304TDOI P.O. Box 11185 Archaeology Hilo,Hawaii 96721 (c/o zp_nash@yahoo.com) Bear Mr.Nash: Subject: Chapter 6E42 Historic Preservation Review— Hawal.i County Grading Permit for Construction ora Property Boundary Fence Fonahawai Ahupue's,South Hilo District,Leland of Hswai`i TMK: (3)I-5-006: 141 'Bank you for requesting our review of the proposed application,which was received in our office October 9,2012. We apologise 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[eased to Connections Charter Scbool.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 archaenlogical field survey,during which no historic properties were identified (Rave & Cleghom 2010). Dense vegelatiRn restricted surface visibility during the survey; however, the entire parcel is situated on a late 19'" century lava flow,which limits the likelihood of surface archaeological resources. Our ofao previvuely requaated that rho full entent of a talown lova tubo ayatcm (Kaumala Cave) be cmurincd beneath this parcel in order to verify whether historic properties are presence in subterranean contexts(Letter dated September 24, 2009. Lag 2009.329 1, Doe. 0909TD7). 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 nut 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 rto historic properties were affected by this project. Please contact Theresa K. Dortham at(8(18)933-7653 if you have any questions or concerns regarding this letter. Aloha. 3 ­r-_ Therestn K.Donhern Arehncnlogy Brunch Chief � 8t2ti E aIXIF i� 3795 ` � • gip; �.,�+fq" L;ouniy of Hawari a"iLsnni ii iT ve ir U L%I_ nvF%X%.O ii`iii'Ir,nii.ir 1`ii v iai�'�i GRADINGS PERtAA1T NO- r ��� .r _ — Check only--payable to: county Uirector of Finance Owsie+, STA.Ttr oF� HF1Woll Addle65. ?S A%JPVt11 ?,*AGS Filune: {A•TCN= �OR'�oN �i✓rT 1 L Q l _ 6_. 20 �j uurveyor: pA Lj L- A.. I_JA5 Kaaress:�P p p�p� t l I sig t+ttans: 9fo� ��j�] License No_: C - 'pA low W1_0 M c)672-1 contraclor: Andress: Picone: roatinn DtTa STS t Tau flAan KAI IR 2 _5_DD6�l�F( (-fit rr n �Q}Oc� - Parcel Area (acre);- -72.54 72.54 Area to be Graded(acre): 4,?r _ Disposal site: Start tate:_��� ! 1 _ _ Completion Uate: �f Z Fill{Cy): —�cg00 iminrmum,working days after issuance date) 8ott Dov 54te: Remarks: AFTEF�'f E{ F 4CT' 7? te1i"� _ 833-(653 thewafi Island) 40 Poolrele Street,Hilo, Ht 98120 I- STATE DLNR--HISTORIC PRESERVATION D{VISION Approved- Kecayea t5y: ware' <&e'�- X. l•'tANNING t]tF'AX 1 MhN I Approved hawreti 3. L)I=-PAR14AENT OF PU8LIC WORKS Appnaved►o;Permt Isys�uance: reoaefvrrtq aY= uatt: � I `r1V—Y �Arrhv r�r}ifiv H1+ g11 wr��lr ps ran++eot�►1 r>K+fr•win£nnfnrn+*n r hwnter 1(t e�F fhb}lawr�i`I hrr.,., a Dat?:_ f irn to the Department of Public Works, Fngineerfng Division,upon completion of wom. iC.-dilui r ,tett by. — _ — Date:_. fr% A�In ono^1 n.I4..nlnpo rl tip• vr...,... „�y,. ...r �V;' �/ �ouruy or r1a�.n,,rr nn tyua,�r�pruuuu;y no�ictr ano errrprus rr 0 '- 2 3796 Y oil 1 yj rc Z ,4 AT r TED H. S. HONG, ESQ. Attorney at Law _ o P. O. Box 4217 Hilo, Hawaii 96720-0217 (808) 933-1919 office/fax r 1 ted u?tedhon law.com TO: Sandra P.Song, Esq. Daryn Arai,Planning Commission Staff Hearings Officer Jeff Darrow,Planning Commission Staff 10 Kamehameha Avenue County of Hawaii Planning Department Hilo, Hawaii 96720 101 Aupuni Street,Suite 3 Hilo, Hawaii 96720 Carter K.Siu, Esq. Jeff Gomes Deputy Attorney General 281 Edita Street 235 S. Beretania Street, Room 304 Hilo, Hawaii 96720 Honolulu,Hawaii 96813 Amy Self, Esq. Deputy Corporation Counsel 333 Kilauea Avenue Hilo, Hawaii 96720 FROM: Ted H.S.Hong,Esq. DATE: October 17, 2013 RE: CONTESTED CASE -SPECIAL PERMIT NO 12-000138 Enclosed,please find the following: Original: Dated: Description- 1 Applicants Connection New Century Public Charter School and Community Based Education Support Services (CBESS)Joint Pre- Hearing Brief, Certificate of Service (XX) For your information [ ] For signature and return [ ] Per your request Ln ( ) For review&comment ( ) For distribution ( ] Per our conversation O For recording/filing ( ] For necessary action ( ] Other: COMMENTS; Please find enclosed Applicants Connections and CBESS Joint Pre-Hearing Briefin the above entitled matter. Kindly note,the Bearing Officer has been provided the Original and all other parties have been provided copies. Sue L--K,Lee Loy, Leal Assistant Ted H.S�nF,, Esq. y O.38-13.1 - __ 3798 DAVID M. LOUIE 2612 Attorney General of Hawaii CARTER K. S1111 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 a%haawaii.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(a)tedhonglaw.com_ Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BF,FORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 } 1 CONNECTION NEW CENTURY PUBLIC } APPLICANTS C ONNFCI'ION NEW CHARTER SCHOOL AND COMMUNITY } CENTURY PUBLIC CIIARTF,R SCHOOL and BASED F;DUC'ATiON SUPPORT ) COMMUNITY BASED I:DUCATION SERVICES } SUPPOR`i' SI•:RIVCES (('BESS) JOINT PRE- } 11F.ARING BRIEF; CERTIFICATF OF l SERVICE: Application for Special Permit Application ) Il No. 12-000138 } I',ARINC�S C)FFIC'I:R - SANDRA SC)N(i } l IIIARING DATL : TMK: (3)2-5-006: 141; Kaumana, South 1-111o, 1 C)CiOBI:R 21 AND 22. 21113 Island of Hawaii } 3799 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 S1400L 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 Ilse 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 C'ommission'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. 3800 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 Chaptcr 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 decision/recommendation 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 C OUnty Planning C'ommission'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 3801 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 band 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 mast demonstrate that their interest is clearly distinguishable from that of the general public or that they have some property 4 3802 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\ative Ha"arians 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 [tearing-,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 dire 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 15 October 17, 2013. The hearing on this matter is scheduled for October 21 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 o%er a period of time. The campus would also include facilities for a forestyfconscr�ation program, a sustainable agricultural program and a 3803 small intergenerational prograrn 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) 3804 w. 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) gymnasium/multi-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 Agrriculutral-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-1 a. 'Further south are properties zones A-2Oa and A-I Oa. 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 [,ands of importance to the State of Hawaii (ALISH). id. at 25. An archaeological assessment survey of the Property was conducted in 2009 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 1990- 188 1 990-1851 lava flow and as a result it is sunnised that any pre-existing archaeological or historic sites within the project area would have been destroyed by the flow. leo 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. Jd. at 37. There have 7 3805 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 ' 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 T[AR 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 seen 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. H 3806 t 1 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 lands 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 1,SB'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 nol be strictly agricultural in nature yet are reasonable within the district. 3807 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 TZAR 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 I() 3808 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 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). The project constriction 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 If 3809 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 vise is located is unclassi hed 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 pahoehoc lava flow by the I'S Soil Survey. Based on this 12 3810 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 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 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 a 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 Plans. 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 or the physical relationship tunong 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 3811 4. Q identified as Low Density Urban in the General Plan. The Low Densitv 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 F'crcililies-Education <ourse of Actions for South 11ilo) • 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 3812 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. SIU 7313 Deputy Attorney General Department of the Attorney General, State of Hawaii Attorney for Applicant CONNECTIONS NEW CENTURY PUBLICCHARTER SCHOOL DATED: Hilo, Hawaii October i_Z, 2013. TED H.S. HON Attorney for Applicant COMMU-NiTY BASED EDUCATION SUPPORT SERVICES (CBESS) 15 3813 F. CONCLUSION Based on the above. Applicant believes that the proposed use and development of the Property satisfies the requirements of Planning Commission Rule 5-7 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 Kto 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 SPP No. 12-000138. DATED: Honolulu, Hawaii,October CS 2013. CWMR"1C'4ffT-1-313 Deputy Attorney General Department of the Attorney General, State of Hawaii 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) 15 3814 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.SiuCkhawai i.mov 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.l 919 ted(cbtedhongl aw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBF,SS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of } SPP No. 12-000138 CONNECTION NEW CENTL.;RY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT } APPLIC'ANT'S C"ONNEX-1-IONS NIiW SERVICES } CE:N'fLJRY PUBLIC CIIARTER SCHOOL and COMMUNITY BASED EINVATION S['PPORT SFRIVCI"S (CB .SS); Application for Special Permit Application ) C'I..RTIFICATI: OF SERVICE No. 12-000138 ) I "FMK: (3)2-5-006:141 : Kaumana. South Hila, ) Island of Ilawaii ) CERT[F[CATS Of SERVICE 3815 I 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 u)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 omen ihawaiiantel.net) Intervenor 28 l Ed i to Street Hilo, Hawaii 96720 Daryn Arai (darai(w'co.hawaii.hi.us) Jeff Dan-ow (jdarrow(&co.hawaii.hi.us) Planning Commission Staff County of Hawaii Planning Departmcnt 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: 1-10nolu111, Hawaii October � � , 2013. TED H.S. HONG Attorney for Apphcatiit COMMUNITY BASED EDUCAT10N SUPPORT SERVICES (CBFISS) 3816 I 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. (sandrasonzdahawaiiante[.net) Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 Amy Self, Esq. (aself(a,co.hawaii.hi.us) Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 Jeff Gomes (kaianigornes ahawaiiantel.net) Intervener n 281 Edita Street Hilo, Hawaii 95720 Daryn Arai (daraira�co.hawaii.hi.us) Jeff Darrow(0darrow(a,co.hawaii.hims) Planning Commission Staff County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 95720 DATED: Honolulu, Hawaii October 2013. C E 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) 3817 y } TED H. S. HONG 3569 Attorney at Law P. 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 } 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-OOOI38 ) 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 3818 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. DATED: Hilo, Hawaii, SANDRA P. SONG Hearings Officer 3819 4. A PROJECT MANAGER'S REVIEW OF THE FINAL ENVIRONMENTAL ASSESSMENT FOR THE CONNECTIONS PUBLIC CHARTER SCHOOL MASTER PLAN Kaumana,South Hilo,Hawaii Tax Map Key: (3)2-5-006:141 Melvin H. Yokota, P.E. Mele Manu Street Hilo,Hawaii October 2013 Id at mg g by by 'd SCANNED 3820 A PROJECT MANAGER'S ASSESSMENT OF THE FINAL ENVIRONMENTAL ASSESSMENT FOR THE CONNECTIONS PUBLIC CHARTER SCHOOL MASTER PLAN 1. PURPOSE The purpose of this review was to review the contents of the Final Environmental Assessment from an engineering project manager's perspective. This review was initiated due to the author's observations that the testimony before the County of Hawaii Windward Planning Commission by the Connections Public Charter School and its consultants appeared to be contradictory and overly optimistic. The findings herein summarize the shortcomings of the Final Environmental Assessment from the author's viewpoint. 2. BACKGROUND The author has been a resident of Hilo since 1972 and a resident of Pacific Plantation Subdivision since 1991. The author is currently a Project Manager for POWER Engineers, Inc. Between 1972 and 1979,the author was an electrical engineer for W.A. Hirai and Associates, Inc. Between 1979 and December 2012,the author served as an electrical engineer, senior electrical engineer, principal electrical engineer and vice-president of Harold H.Miura, Inc. (later HHMI Corporation). While with HHMI and with POWER Engineers, author served as project manager where the firm is the prime consultant and as project electrical engineer on projects where the firm is the electrical subconsultant. 3. EXECUTIVE SUMMARY 3.I. Water Requirements There are two points that are made by the Final Environmental Assessment. • The Department of Water Supply has stated that the school is entitled to 7 units of 600 gpd of water based on the area of the entire parcel for a total allocation of 4,200 gpd. • The projected 90,000 square feet of building roof area will provide 30,000 gpd of catchment water. The author believes that because the leased area is bisected by Edita Street, and there is no way for Connections to serve both the upper and lower parcels with a single water service connection, the water unit allocation should be split between the upper and lower parcels. That means that technically, the allocation for each parcel should be about 3.5 units, or 2,100 gpd for the upper and lower parcel, respectively. Precipitation records for Kaumana do not support the claim that the building roofs will consistently support 30,000 gpd. Historical data shows that average available catchment water during periods of minimum precipation will average less than 10,000 gpd. Under this condition, the Assessment states that a well site will be developed and dedicated to DWS. Such a well site typically includes a pumphouse, booster pumps, submersible pump, reservoir, and a wall or 3821 Imo7 m fence constructed to DWS standards. Such well sites are large and would likely take up the entire frontage along Edita Street. The DLNR lease application states no sublease will be developed, and such a well site does not meet the land use stated in the application. The assessment should include a discussion of the impact of subdivision on its lease. 3.2. Wastewater Impacts The Assessment discusses providing leach fields and septic tanks as well as 1WS units. Similar to the DWS water capacity, because the parcel is bisected by Edita Street, the allowable 1WS (1000 gallons of septic tank capacity per 10,000 square feet) for the facilities on the lower parcel should be based on the area(35 acres)of the lower parcel and not the 72 acres of the entire parcel. This would equate to a total of 157,000 gallons of septic tank capacity. Given the nature of the soils on the property, if the lower parcel is incapable of leaching 26,000 gpd, no amount of septic tank capacity will be sufficient to address the wastewater disposal. The Assessment should provide a viable solution before the special permit application can be considered. 3.3. Traffic Impacts Mr. Thatcher has testified to the Planning Commission and also told the Kaumana Community that it is not the intent of Connections Public Charter School to serve the Kaumana Community. Instead,the school will continue to serve students from Puna,Ka'u and Hamakua. This Assessment does not address the traffic impacts of a school with 380 K-12 students, 25 preschool students,and 52 staff on greater Hilo, particularly the impacts on congested traffic corridors that serve schools in the Waiakea High School and Hilo High School complexes. The way the Assessment is written, it is evident that the planning team treated this school as if it is being built to serve the Kaumana Community. The number of vehicular trips projected in the assessment is Iow, and is consistent with a local school where large numbers of students can bike,walk or ride to school without impacting the traffic infrastructure beyond a two or three mile radius of the campus. The proposed site is accessible only from Kaumana Drive via Edita Street. The majority of public schools have at least two roadways for vehicular access to the campus. This site has only one. Any accident at the intersection of Kaumana Drive and Edita Street during the morning rush period will prevent students and staff from reaching the campus and prevent the residents of Edita and Mele Manu Streets from exiting the neighborhood. Further,the added traffic will diminish the ability of emergency services to aid the Kaumana Community. 3.4 Environmental Impact The stated environmental goals in the Assessment preach a m inimum impact development to minimize disturbing the environment on the parcel, However,the proposed reforestation of the upper parcel and 20 acre agricultural component of the lower parcel would have a major impact since it wil l involve import of significant amounts of soil and supplements. This contradicts the stated environmental goals. 3822 i These observations lead to the conclusiont that the Assessment is poorly developed and does not address the concerns and needs of the Kaumana Community and Greater Hilo. The special permit should not be granted until all of the discrepancies have been reconsidered and properly addressed. 4. FINDINGS 4.1. Page 1 Footnote: The assumptions in the Assessment state that the average daily rainfall on the 90,000 square feet of building roof will be sufficient to supply the needs of the school. However, the study fails to investigate what happens to the rainwater source during periods of low rainfall which can be 0.16"per day, or less based on rainfall records for Kaumana (See Attachments: KAUMANA 88.1,HAWAII, Period of Record General Climate Summary— Precipitation From Year--1949 to Year--2006). Under those conditions which indicate droughts can occur in any month, it is clear that a well, reservoir,and booster pumps must be constructed on the site to support the campus. This assessment: • Does not site a well facility on the project site • Does not consider that a well site that is dedicated to the County DWS will also require a county standard reservoir and booster pump station with fence and landscaping. Typically the pumping station is adjacent to a county road. • Does not address the statement made by Connections School in their application for a lease that the applicant will not create subleases. • Does not address what happens to the pump station site if it is dedicated to the County. What happens to the well site? Is it a sublease? Doesn't the land use change if it is used for a pump station for the County? 4.2. Page 4,Part 1.6,subparagraph on Soils and Surface Water mentions that an NPDES permit will be procured. However in early July 2012, Connections Charter School engaged a contractor to clear(bulldoze the perimeter of the property) and construct a fence. It appears that this was done without obtaining a NPDES permit from the Clean Water Branch of the State of Hawaii Department of Health. Calls by the author to the Clean Water Branch were never returned. The author understands that the Clean Water Branch suspended issuance of NPDES permits on its General Permit around that time, and is not to begin issuance of general permits until this fall. From Google Earth images, it is apparent that the area cleared is in excess of one acre and the clearing appears to be in violation of NPDES regulations. This kind of action shows that the school is not abiding by its stated environmentally friendly goals. 4.3. Page 9,Upper Parcel, second paragraph. A crosswalk between two parcels would be coming off a curve and be a very dangerous location for the crosswalk. 4.4. Page 9,Upper Parcel, third paragraph. Proposes reforestation projects stating that koa and hapu'u ferns that are claimed to have historically grown in the area. 3823 However,the author's research(http://nativet)lants.hawaii.edu/plant/view/Acacia koa)into koa shows that koa thrives at elevations above 2000 feet. While koa can grow at lower elevations, some varieties may succumb to diseases after a decade of growth. Koa is known to attract aphids, whiteflies, Chinese rose beetles, seed weevils, koa seed worm, koa moth, mealybugs, and a stem boring grub. A serious pest is the black twig borer. and hapu'u thrives in elevations between 1000 feet and 6000 feet, higher than the elevations present in the upper parcel. Koa is not suited to infertile soils or constant waterlogged soils. Koa prefer loamy, sandy clayforms, clay, clay loams, and sandy clays. Koa is found on light, ash derived soils and weathered clays, none of which are present in the upper parcel. (See attached reference.) Note further that the mature koa forest above Hilo was hit with a massive koa moth infestation this past summer. The University of Hawaii at Manoa College of Tropical Agriculture and Human Resources Hawaiian Native Plant Propagation Database entry for hapu'u, Cibotium menziesii (http://www.ctahr.hawaii.edu/oc/freepubs/pdf/OF-16.pdf) States hapu'u thrives in elevations between 1000 feet and 6000 feet,higher than the elevations present in the upper parcel. It is the author's experience in this environment that hap'uu is difficult to cultivate without creating deep soils. See attached reference. 4.5. Page 9, Sustainability. While Connections tries to impress by stating that they will be a school with Silver or better LEED certification. Current trend for DoD facilities is to design for maximum energy efficiency, but not to pursue certification because of the initial cost to certify and the need to audit and monitor performance to maintain the certification, a costly venture. ' It is clear that water pumps will be necessary whether catchment or we]I water is used. Such pumps require significant amounts of electricity. Renewables such as wind and PV are not conducive to supporting motor driven loads. The wind in the area is generally weak and not suitable for wind turbines. PV systems will not reliably support the reactive loads of induction motors without providing power factor compensation systems such as static var compensators. Further, the predominance of irregular cloud cover makes the use of PV to support motors unreliable and utility power will have to be relied upon for supporting motor loads. 4.6. Page 11,Infrastructure, first paragraph. Again the Assessment mentions "the use of photovoltaics and an extensive rainwater catchment system." Rainfall records do not support rainwater catchment systems to provide all of the water needs of the campus. Minimum precipitation records demonstrate that droughts can occur in any month, and projections are for dryer weather due to global warming trends. As the Assessment states, a well will be constructed if needed. Rainfall records prove that a well is the only solution to reliably supporting the water requirements for the campus. This must be included in the Assessment for this application to be considered. 'The True Cost of LEED—Certified Green Buildings,Vamosi,Stephen J., PE, Heating/Piping/Air Conditioning Engineering, 2011/01/01. 3824 The second paragraph promotes the use of agricultural irrigation for disposal of excess processed wastewater. The Hilo Coast is a wet climate. Average annual rainfall is 191 inches. In general, due to the rainfall, it is unnecessary to irrigate for agricultural purposes. In addition,soil overlain on nearby Kaumana lava fields are normally moist to saturated. How is the 26,000 gpd of wastewater to be disposed under these normal conditions? 4.7 Page 15, Paragraph 2.3.1 Selection Criteria. The University of Hawaii at Hilo Agricultural Farm Laboratory is located between Hilo and Puna in an area heavily used for agriculture. The proposed site for the 20 acre cultivation area is young lava flows,and substantial soil and supplements would have to be trucked in to provide suitable media for agriculture. 4.8 Page 41, Part 3.1 Topography, Geology, and Soils,paragraph covering Topography. The upper parcel proposed for reforestation with koa and hapu'u is lower that normal habitat for those species to thrive. 4.9 Page 41, Part 3.1 Topography, Geology, and Soils, paragraph covering Soils. This paragraph states that soils covering the site are thin to nonexistent. This is not conducive to introducing koa and hapu'u on the other parcel. Further, introduction of koa may be detrimental to Kaumana Cave in the future as the root systems of the trees develop. Introduction of sufficiently deep soil to propagate koa and hapu'u would contradict Connection's goal of keeping this parcel pristine. Further,the construction of the elevated walkway would require damaging the vegetation in order to excavate the post holes and manually haul in the timber for the walkways. This assessment does not identify variations in flora and fauna along the length of the upper parcel,and there is no educational value to providing the walkway along the length of the parcel. The vegetation visible at the Edita Street end of the parcel is representative of the vegetation along the entire parcel. 4.10 Page 42, Part 3.1.1 Potential Impacts, paragraphs covering Proposed Action,fourth paragraph. This paragraph states that the building design concept would minimize the disruption of soils and topography at the project site. It is clear that reforestation in the upper parcel and the 20 acre agricultural area would involve the importation and placement of massive amounts of soil. This contradicts the building design concept. Over 25 percent of the soils and topography would have to be modified just to address the reforestation and agricultural areas. 4.11 Page 55, First paragraph. It is stated that a single Hawaiian Hawk was detected as an incidental observation. The author frequently observes one or two Hawaiian Hawks hunting for prey in the Mele Manu Street area. Further,there is no mention of feral pigs. Residents have encountered problems with feral pigs invading yards from the Puna side of Pacific Plantations. Sizeable cultivated areas will be an attraction to to such pigs, promoting increased populations of animals that are already damaging lawns and gardens of properties adjacent to native ohia forests. 3825 4.12 Page 59, Part 3.8 Land Use, First paragraph. Assessment states that"the soils within the project generally have been too thin to support pasturing of animals or intensive agricultural cultivation." There is no discussion as to how Connections intends to prepare the sites for reforestation or agriculture. As a result there is no discussion as to the impacts upon the site and surrounding properties. 4.13 Page 60,Part 3.8.1 Potential Impacts,Paragraph covering Proposed Action. States "Conversely, the Proposed Action would beneficially impact area land use by providing permanent public educational facilities to support the growing residential community of Kaumana." This would be a valid statement only if there were no public schools serving the community. Kaumana has long been served by Kaumana Elementary, De Silva,Hilo Intermediate, and Hilo High Schools. Further, Mr. Thatcher has testified that Connections is not likely to change its demographics to serve the Kaumana population. Therefore,the benefit to the Kaumana community is considered to be minimal. 4.14 Page 60, Part 3.9 Utilities,Paragraph covering Water Supply. The Assessment indicates that based on the overall parcel size of approximately 72 acres, and the County of Hawaii, Department of Water Supply has documented that the parcel is entitled to a maximum of seven units of 600 GPD. However,the parcel is bisected by Edita Street with the upper parcel being approximately 37 acres, and the lower parcel being 35 acres. Since it is physically impossible to provide water service to both the upper and lower parcels with one water service point, it appears that the actual allocation should be approximately 3.5 units for each parcel, which further reduces the available water allocation for the lower parcel to 2100 gpd. The rationale is that capacity for water service to the upper parcel must be reserved in the event the parcel is subdivided according to the bisection. This further reduces the water availability for the lower parcel to be developed. 4.15 Page 62, First paragraph. As previously demonstrated, precipitation data for Kaumana indicates that catchment alone is inadequate to support the water needs of the campus under historical minimum precipitation conditions. Further,the bisection of the parcel by Edita Street appears to split the available water allocation. 4.16 Page 62, Second paragraph. Proposes to retain the kitchen function at the Kress building in downtown Hilo. However,this contradicts Connections stated goals of consolidating its facilities and leaving the Tsunami inundation zone. 4.17 Page 62, Third and Fourth paragraphs. As previously stated, historical precipitation data for Kaumana demonstrates that catchment will fail far short of campus needs during minimum precipitation periods, and the Assessment states that the only solution is the provision of a new public water system source. As a result, the campus development plan must include the well, reservoir, booster pump station, fence and piping interconnections per DWS standards. The Final Environmental Assessment must address this issue before consideration can be given to approval of a special permit 3826 ' 449 4.18 Page 63. Wastewater, First paragraph. Discusses irrigation as a means of disposing of treated wastewater. With an annual average rainfall of 191 inches, very little irrigation is required for Kaumana. If irrigation is not needed, how is water to be disposed of? 4.19 Page 63. Wastewater,Third Paragraph discusses the use of a septic system with leach fields, but as other portions of the Assessment have stated,surface soils are very thin. The Assessment does not address this condition, and how leach fields will work, particularly during periods of high precipitation. In addition, when discussing the one IWS per 10,000 square feet of land area,the volume of septic tanks permitted on the lower parcel should be based on the area of the lower parcel and not the total land area of the upper and lower parcels. For 35 acres,the allowable IWS would be 157 units or 157,000 gallons If this system cannot percolate 26,000 gpd,the septic tanks and leaching system will be inadequate. 4.20 Page 70. Part 3.12.1 Potential Impacts, Third paragraph. Mr. Thatcher has stated that the majority of the students will come from Puna,Mountain View, Ka'u, and Hamakua. It is the Author's perception that the traffic related impacts relate better to a school which serves the immediate community. This is borne out by the fact that the Final Environmental Assessment only addresses the roadways between Ainako/Mohouli intersection and the Edita/Kaumana Drive intersections. The Assessment States that there will be ultimately be 380 K-12 and 25 preschool nonresident students,plus a staff of 52. Two buses will transport up to 96 students to and from school, leaving 331 students that must either drive or be driven to school. Assuming half of the seniors drive to school(13 students),and of the remaining,half will be transported two per vehicle and half will be transported one per vehicle. Including staff,this amounts to a total of 1078 trips. Because parents from outside of Hilo must cross the Hilo High School and the Waiakea Complex belts twice during the morning rush hour,there is a significant traffic impact on upward and downward traffic between Kanoelehua and Kamehameha up to Edita Street, significantly increasing townbound traffic delays. A major concern of Kaumana Residents is that Kaumana Drive is the only efficient corridor to get to work. Any accident wilI block travel to town,and severely impede emergency vehicles. For a development the size of the proposed campus, there should be at least two means of access,one from Kaumana Drive,and one from the Puainako Street Extension. Anything less will potentially diminish the emergency response to Kaumana. 4.21 Page 73. Part 3.12.2 Mitigation Measures, Third bul let point. Carpools are not common where there is so much diversity in the geographic origins of the student population. The assessment suggests the use of alternative modes such as Hele-On buses and bicycles. This further suggests that the authors of the Final Environmental Assessment did not research the origins of the student population, The Connections students can neither walk nor bicycle to 3827 campus. Hele On is a low frequency mode of transportation with low ridership in town and is not a likely means of transport to and from the campus. 4.22 Page 91. Part 5.1 Significant(sic)Criteria. 4.22.1 Criteria 1. Based on this concept, no development or reforestation should be permitted on the upper parcel. 4.22.2 Criteria 3. Sentence 3 states that"This project fulfills aspects of these policies by providing the community with modern educational facilities. Based on statements by Mr. Thatcher, it is not the intent of this campus to serve the educational needs of the Kaumana Community. Based on independent precipitation analysis and water units, rainwater catchment systems will not come close to meeting the water requirements for the campus during periods of low precipitation and the only solution is to develop a County of Hawaii standard well, reservoir, booster pump station,fenced parcel, and interconnecting piping and pump control systems. 4.22.3 Criteria 4. Again, based on statements by Mr.Thatcher, it is not the intent of this campus to serve the educational needs of the Kaumana Community. 4.22.4 In addition, all planning and consulting engineering services have been contracted with Honolulu based firms, so no design professional job opportunities have been provided for local residents and professional firms. 4.22.5 Criteria 5. Kaumana precipitation data does not support the conclusion that catchment will serve all of the water needs of the campus. Further, only half of the water supply units should be dedicated to the lower campus. The balance should be dedicated to the upper campus due to the bisection of the parcel by Edita Street. 4.22.6 Criteria 6. Generally not a true statement. Mr Thatcher stated that the school is not intended to serve students in the Kaumana Community. Since the school generally serves students from outside of Kaumana, it is not consistent with the concept of siting a school in proximity to the community it serves or within easy access without adversely impacting other school,neighborhood, and business infrastructure. The action would bring in 400 plus students from outside the area, and the neighborhood derives no significant benefit from the school. This does little to improve educational facilities in the Hilo area dedicated to serving the students within the Hilo High School Complex area. 4.22.7 Criteria 7. While LEED certification is a nice-to-have, it is costly to implement, achieve, and maintain. There is nothing to preclude the school from implementing 3828 energy efficiency, but the money for achieving and maintaining LEED is better directed to the education of the students. 4.22.8 Criteria 9. Cumulative traffic impacts on Greater Hilo has not been addressed. In addition,the estimated traffic trip projections appear to be for a school which serves students from the immediate neighborhood where a large number of students can walk or bicycle to the campus. According to Mr. Thatcher's statements,this is not the case. The Assessment trip projections are not consistent with the majority of students commuting to campus from outside of Hilo. 4.22.9 Criteria 12. The statement is a contradiction. While it states trees and shrubs would be used as a visual buffer so that school facilities would not be glaringly noticeable from public streets. The Assessment states that a catchment reservoir would be placed at the Edita end of the lower parcel, glaringly visible from Edita Street. Further it is evident that a well with reservoir, booster pump station, and fence or wall will be needed instead of the catchment reservoir. The typical DWS reservoir site footprint would take up a large portion of the campus frontage,making it an unsightly entrance to the school. 4.22.1 D Criteria 13. Serving the water needs of the campus will require electrical energy for pumping water. A DWS standard well site will require significant energy to operate the submersible well as well as for booster pumps. Kaumana is not a typically windy area and wind is not practical. Photovoltaics is a reasonable solution for non- motor loads,especially lighting,but is not practical for significant electric motor loads. Further,the frequent cloud cover makes photovoltaics unreliable with an expensive battery energy storage(BESS)system. 3829 ATTACHMENTS 3830 KATJMANA Rh I-HAWAII-Climale SUMMM Back to rw—. —.I rH KAUMANA 88.1, hAWA11 StatePeriod of Record General Climate Summary-Precipitation NOTE: Tn pritti dal,I'mme(right Itk).dick rigiT rct,,,,c b.f­"I.11% Stati.31:(513510)KAU?AANA88.1 From Year--1949 To Year--2006 F ....... 1981 -2010 Precipitation • 001 1 100 I in F 0 0 0 0 r—F1 D�y M., FOn: Unil% Temp &- Prelr� High Year, --!eftr Mean High Year Njonthl�Tabular data(-I K13) F _in in. in. in or ,'CDC 108 1-10 10 Nornial s 1-3 in D y,FDy Days Days Fn. F F---- [— ly�jryy ,n--FF 6y}nTddL— F— - 1971-2000 !jry F I_�I[T�14 F0�3�7( 9[ � 9937�9C-90-2 16[ -T� � 95( F—E—�L F— • Dall� rabulardati14-131<13 .__arch—L1894 F4�26 F19�53 1003JT��[70�F 22F 17 1-6 00 _ 6 1953 20 S3 47�6 1968— 1-954- F-- -7,, [:�� — _ 0 F-- — 8GF7�F 5 12��F (), 00[195011 • NIuntMN Taillll'-jr data(-I K a I rpir�l .NCDC 1()7 1-100CI-Normals(-3 T47i()b:,FwTg F��(' 25F 19F77T 4ETqF o 12-�-o 753F,9-97U�-11)�IT99[5 50��L. 2 5 r—�—F—09 _0 0 1 lno �ID97� 19 7 3 26[21 F M F: 6� 1961 - 1990 July16A5[E4 9 t W7 F 3 IT 99 3 1 8 F267/!9615 0 7:1�1950 73 t] 1-1—() Fj-ug---t 1-17 25 2 0'5F:-6-0 0 1950 -T- 17 -F— 2—F 1[7[7 0.0 Ua4Mnip-&-11recip �p!�nnbelr[12 06F4l 41.94 1994[ 67F?6�O4 7 11)F- Dhjl� Tabular dat;t(-13 K Ri 0 ETF7F-�(L 00 1950 NlQnihl� Ttihiflardataf-1 KM F14 14.10 30.13[�5TF 3 73[��F8 68 E��F:f' 061[9 '"CDC 1061 ?--8-sD��[­-- ---L. 10� A .00 0.0 1949 N -1919)Normals(-3 2qo2F2 23F is LBI December F16T5[58.85[l"5 [ 201 F]963[IL44F jl11W9I D: y LFT6 1955- Period of Record Annual R307,38[1994 962 85 [OS 54 0 t F 6 1953 Simian Meradata _ P-5!-8[].17 71 �U3b F 3 r -6� F �r9 E- 3 F67L��F�56 • Station Nietadata(Iraphics Spring 55.19?[95.(4Fq06 �q 1966 12382c060309F 72 56[ 31[ 16FOO[0± 1953 General Climate Summary Tables FK _ 44�16[1468 _ 2� 1962[ff.I?F 072 —J3 . -� 5 =jAwle FaV34[� 35W473 60 F?�2 FT FF-13 FF - 450 r) Table updated on Oct 31,2012 o,,Te..nnt� For monthly and annual means,thresholds,and sums Cooling Degree Dens Months with 5 or more missing days are not considered Qrj�inn De-wo Qa),j Years with I or more missing months are not considered Temperature Seasons are climatological not calendar seasons Uaij�L�remes and A�L-ai-$:,; Winter=Dec,Jan„and Feb. Spring=Mar.,Apr.,and May Sprilw'Free7e Pro�ahihnln • Fall'Freeze'Probabilities Summer=Jun,Jul.,and Aug. Fall Sep.,Oct.,and Nov- Tr,�,!ze Fret Probabilities • Monthly Temperature Listings lVestem Regional Climate Center,wail rt rec-a dri eeh MeTri,-v Axclne Maximain Averj-.•Mononium Lxtremc Maximum(*) LxtTome Vl0n0n1uni(*) Precipitation Ml.N on5 Avefa-e • Dail� 1--xtreme an A%erj,�e [�rar inn Monthly Precipitation Listings riffil� NjoToUs Uo� E'%Lrenle *)Snowfall Lilj#N FNren);,sAtitrs td • Monthly Snowfall Listings NlunflilN l'oul Snowdepth • 13'jil� 1--xinmie nil -kvera'o Daily ANern-e tleRtling Degree Days D'10% At,orlle • Monthly RDD Listings '%lowl'b '101al ")Cooling Degree Days Imo} AtiernP • Monthly CDD Listings slumht ],Qtbil N Growing Degree Days • Monthly GDD Listings lyli)nihlN I olal Hase-41 ,vjnnlhly Tom'Base HI Period or Record Data 3831 file (',,L,—%,lel Drklop('onneeli.mKAL:'91..kNAR9_1.HkWAIT-ChwieS.nnan htmjI0'J8,2(II39WI9P%,Ij I KAUMANA 66 1.HAWAII-Chrome Snmmn a Tables . llalh Sunaaraan Slats(—i KBI . A(mthly TahWar data L1 KID Dally Data LiuL,L(')Monthly Dato C'ustnln XInnihIN 11913ng(*) Western Regional Climate Center, 3832 fie C'L xn NIJ Dakin Cw DLChnnS KAL'Y14N 1 0 1 HAWAII-CImlald Summmn himUii 18 2013'1 W P+PMI rr r�k ` AF Plant • • • ' • Native Plants Hawaii - Viewing "'"" Acacia koa Page 2 of 12 • Iain 1'1,1111 hllornlation • Plant Characteristics • f'1otNcr C'haracwri tics • I_eal'Characteri,tics • Pesis and Dispascs • (Jroy th I',C:(]UIrti111c11t • I t:l Ironmenial Im"k)rIna'Li,}Il • `� e�lai f'�altl;'�ti tlllli 1111ormatl(_)'i • Vor L_ nilxj Search Plants [Search by Genus, Species, Subspecies, Variety, Forma, Hawaiian and Common Names, or Synonyms] Search I Iolrlt» Platt 7>Acacia koa Acacia koa 't 0 Main Piant information Genus Acacia Species koa Varieties • kauaiensis • koa • latifolia Hawaiian Names with Diacritics • Koa Hawaiian Names Koa Common Names • Koa Synonyms • Acacia hamwflensis • Acacia heterophylla var. lat folia • Acacia kauaiensis • Racospernia kanaiense mhtml:file:/IG:1ConnectionslNative Plants Hawaii - Viewing Plant Acacia koa.mht 10/19/2013 3834 Native Plants Hawaii - Viewing;—' : Acacia koa Page 3 of 12 • Racosperma koa Did You Know...? Koa is the largest native tree in the Hawaiian islands reaching heights of about 115 feet (33 m)! Commercially, koa is one of the most expensive woods in the world. It is used to make furniture, veneer, and crafts. Most koa is harvested from remnant individuals or stands in pasture lands. [16] bac!, Io t:,r I Fri Plant Characteristics Distribution Status Endemic Endangered Species Status No Status Plant Form /Growth Habit • Tree Mature Size, Height(in feet) • Tree, Small, 15 to 30 • Tree, Medium, 30 to 50 • Tree, Large, Greater than 50 Mature Size, Width Koa can have a canopy spread of 40 feet or more. But typically, with a canopy spread of 20-40 feet. [16] Life Span Long lived(Greater than 5 years) Landscape Uses • Erosion Control • Provides Shade • Screening Additional Landscape Use Information Koa are fast growing trees at 5 feet per year for the first five years, and can reach impressive heights in several decades in upper elevation landscapes. [16] Though koa can grow at lower elevations, some varieties may succumb to diseases after a decade of growth. Since there is so much variety in koa habit from shrubby, multi-branched forms to tall straight trees, it is good to inquire of the source so as to suit your landscaping needs. mhtml:file://G:IConnectionslNative Plants Hawaii - Viewing Plant Acacia koa.mht 10119/2013 3835 Native Plants Hawaii - Viewing `07%: Acacia koa Page 4 of 12 While koa can grow to heights of over 100 feet in their natural undisturbed environment, it would take many decades, if ever,to reach such heights in the urban landscape. They are more likely to grow to about 20 to 30 feet in the landscape at low elevations. [Rick Barboza, Hui Ku Maoli Ola] Growth is in virtue of symbiosis with special bacteria called rhizobia that live associated with the roots.The bacteria convert, or fix, nitrogen from the air into usable nitrogen fertilizer for plants. The leaves, flowers and branches also provide nitrogen for understory and plants in the area. Koa inoculated with rhizobia tend to be more vigorous trees. [1] Recommended planting is above 2000 feet [6 10 m]. [16] Companion Plants: Koa look nice when planted with other native plants such as naio, lonomea, kolea, kopiko, 'iliahi, olopua, and mamaki, pilo, hapu`u, and palapalai.* These plants also beneift from the nitrogen-fixation by koa. * These plants can be found on this website using the "Browse Plants" feature found at the top. Enter names without diacritics. Additional fragrance Information Koa and koai`a have a distinctive aroma from the root area from a bacterium called rhizobia present in the soil and roots.An ammonia-ilke scent is given off during the nitrogen-fixing process. [1] The pungent aroma is perhaps best appreciated by those who regularly work with this species. Otherwise, it generally has a non-appealing scent. [David Eickhoff, Native Plants Hawaii] Plant Produces Flowers Yes ]1rj;,k tri t�>'ii $A Flower Characteristics Flower Type Showy Flower Colors • Cream • White • Yellow Additional flower Color Information Light yellow, cream or white round powder puff flowers. Showy displays when seen en masse. Blooming Period • Sporadic mhtml:file://G:1ConnectionslNative Plants Hawaii - Viewing Plant Acacia koa.mht 10/19/201, 3836 Native Plants Hawaii - Viewing l?,' : Acacia koa Page 5 of 12 • Winter • January • February • March Additional Blooming Period and Fruiting information Flowering occurs most heavily from January to March and into May with seeds ripening in August, September and October and persistent year round. [6] �0 Leaf Characteristics Plant texture • Medium • Coarse Additional Plant Texture Information Leaves are 2 to over 10 inches long. Koa have sickle-shaped mature "leaves" called phyllodes, which are the main photosynthetic organs. Juvenile leaves, the true leaves, are feathery compounds. Leaf Colors • Light Green • Medium Green Additional Leaf Color Information Koa leaves are green to gray green. A large-leaved koa form was known as koa Iau nu i. [2l] Pests and Diseases Additional Pest& Disease Information Koa is known to attract aphids, whiteflies, Chinese rose beetles, seed weevils (Aracerus levipennis, .Stator spp.), koa seed worm (Cryptophlebia illepida), koa moth (Scotaythra jm1udicola), mealybugs and a stem boring grub are also known to infest plant. A serious pest is the black twig borer(Xj,losandrus compactas, Xyloborus spp.). [16] Since koa forms a symbiotic relationship with bacteria in the roots for the nitrogen-fixing process, it is recommended that pesticides not be used around the root area. Several fungi (Fusarium oxysporum, F. solani, Calonectria spp.), root rot(Armillaria spp.), and rusts (Endoraecium spp., Atelocauda spp.) on phyllodes are known infect koa. Older trees are also attacked by a mhtml:file://G:1ConnectionslNative Plants Hawaii - Viewing Plant Acacia koa.mht 10/19/2013 3837 Native Plants Hawaii - Viewing YO A: Acacia koa ''" Page 6 of 12 number of wood-rotting fungi. [16] There are indeed a number of pests and diseases that affect koa, but perhaps Koa wilt is one of the more serious often resulting in the death of the plant. [I I] Native mistletoes or hulumoa(Korthalsella spp.)also parasitize koa. [I6] ` Growth Requirements Fertilizer Lightly Fertilize seedlings 2 or 3 weeks after secondary growth. Since koa are nitrogen fixing trees, additional nitrogen is usually not necessary. Pruning Information Pruning koa often does more harm than good. Wounds from pruning may not heal, exposing the heartwood to rot and greatly increases their suspeceptability to disease and pests. Additionally, pruning slows the growth of the trees. Therefore, koa should not be pruned if it can be avoided. Lower branches do self prune. Ifpruning is needed, it should be absolutely minimal, done properly, and without excessive injury to the tree. [1,16] Koa seedling roots should not be pruned, trimmed, or otherwise "fluffed out." Water Requirements • Dry • Moist Additional Water Information Water once a month during dry months, more often for "coastal" trees. Soil must be well drained Yes Light Conditions • Full sun • Partial sun Additional Lighting Information Koa does best in full sun. Spacing Information 'Frees should be spaced 30 to 40 ft. apart. Tolerances • Drought • Wind mhtml:file://G:IConnectionslNative Plants Hawaii - Viewing, Plant Acacia koa.mht 10/19i201. 3838 i +R" , Native Plants Hawaii - Viewing P ,,. Acacia koa Page 7 of 12 Soils • C lay • Cinder • Organic Limitations Koa are not tolerant of salty soils, infertile soils, constant waterlogged soils, constant high winds,or shade. [1,16] Trees can tolerate drought for 3-5 months, depending on soil, compettion for weeds, relative humility, winds, and other factors. [16] Koa prefer soils that are loamy, sandy* clay forms, clays, clay foams,and sandy clays. Koa natural occur on both light, ash-derived soils and on highly weathered clays on older islands. Organic soils on lava rock are common in many koa regions. [16] Surface roots are easily damaged with high human, animal, and machine traffic. [1,16] * Salt-free sands. Ix!C'i' to to! 1 I A Environmental Information Natural Range • Kaua`i • Oahu • Moloka`i • L`ana`i • Maui • Hawai`i Natural Zones (Elevation in feet, Rainfall in inches) • 150 to 1000, 0 to 50 (Dry) • 150 to 1000, 50 to 100 (Mesic) • 1000 to 1999, 0 to 50 (Dry) • 1000 to 1999, 50 to 100 (Mesic) • 2000 to 2999, 0 to 50 (Dry) • 2440 to 2999, 50 to 100 (Mesic) • 3000 to 3999, 0 to 50 (Dry) • 3000 to 3999, 50 to 100 (Mesic) • 4000 to 4999, 0 to 50 (Dry) • 4000 to 4999, 50 to 100 (Mesic) Habitat • Terrestrial Additional Habitat Information mhtml:file://G:1ConnectionslNative Plants Hawaii - Viewing Plant Acacia koa.mht 10/19/2oI. 3834 Native Plants Hawaii - Viewing Acacia koa Page 8 of 12 Though not as common as in the past, koa is still easily found in suitable habitat often a dominant component of native and alien mixed forests. Koa grows in dry to moist forests from 300 to 7,000 feet, occasionally as low as 80 feet and rarely as high as 8,000 feet. [1] There are three varieties of koa. Acacia koa var. kauaiensis on Kaua`i; var. laiifolia on Hawai`i Island; and var. koa occurs on all the main islands. [16] Koa trees with characteristics in between koa(Acacia koa)and koai'a (A. koaia) occur on Kauai, [16] �'4 Special Features and Information General Information Koa belongs to the third largest plant family,the Pea or Legume family (Fabaceae).There are two endemic species of Acacia in the Hawaiian islands: Acacia koa and A, koala. Koa resemble their smaller cousins koai`a, but there are some significant differences. (See Acacia koaia "Special Notes and Information") Etymology The generic name Acacia is derived from the Greek, akakia, the name for Acacia arabica, ultimately from akis or ake, a Greek word meaning a sharp point and referring to the thorns of this particular plant. The specific epithet koa is the Hawaiian name for this species of tree. Hawaiian Name: Koa means "brave, bold, fearless" and also "warrior, fighter." Background Information Koa are dominant trees in Hawaiian forests and provide suitable habitat for many native species birds. The aptly named Koa-finches, Rhodacanthispalmeri and R.flaviceps, fed almost exclusively on green koa seed pods, sometimes the entire pod in pieces or occasionally only the seeds. Sadly, these brilliantly colored honeycreepers are now extinct. [141 Koa varies greatly from one location to another. For this reason and others, it is important that koa, or any other native plants from nurseries, are neves planted out in the wild. This will ensure genetic variability and alleviate unforeseen problems. Early Hawaiian Use Koa was the most valuable tree in Hawaii. [18] In general, koa wood was also used in constructing houses(hale), spears, tools, paddles(hoe), kahiIi handles, calabashes (`umeke Wau), ceremonial poles (hulumanu), religious ceremonies, and short surfboards. [1,3,12,13,17,18 inhtml:tile://G:1ConnectionslNative Plants Hawaii - Viewing Plant Acacia koa.mht 10/19/2011 3840 Native Plants Hawaii - Viewing P' Acacia koa APIN Page 9 of 12 While there were many uses for koa, it was never used for eating receptacles because the resin, which could not be removed, would leave a bad taste to foods. [2,18] Canoe: The prime importance of koa for early Hawaiians Early Hawaiians was making of canoes (wa`a), not only the single kinds with an outrigger, kaukahi, but even double kinds, kaulua, which consisted on two canoes lashed together with a yoke in a special way. [18] Small narrow, long, light canoes, called kialoa or kioloa, were suitable for a single fisherman or for racing. Other smaller canoes, about 10 to 20 feet long, could accommodate six to eight men. These canoes were scarcely twelve inches at its widest and about two feet deep. [18] Wa`a peleleu,or simply Peleleu, were long canoes or long voyages were usually 50 feet long, but some were 100 and even 150 feet long had a depth of b to 12, and even 15 feet, deep! Such canoes were 1 to 2 feet wide and carved from a single log. Some of these were made from the trunks of gian evergreens that had been carried by ocean currents and winds from the Pacific coasts of America. [181 Dye: The bark was used as dye to stain kapa a red color. [I] Lei: The leaves (phyllodes) were also used in lei making. [8] Medicinal: Koa leaves were placed under a pile of tau hala mats if a person had been in a sick bed for a long time. Leaves were placed on top and spread evenly over the mat to make to person comfortable.The heat that came from the body and the leaves would make the person sweat. [7,9] Someone would wipe the sweat from the person as they fell asleep. This was almost always used for patients with a fever. [7] Young children under a year old who had become weak were given a mixture of koa leaf ash and other plants and applied inside the mouth. [7,91 The bark was applied to pGM (abscess, burst sore, ulcer), `ala`ala(scar, sore perhaps tuberculosis adentis), kaokao (syphilis), leprosy (ma`i lepela), `eha maui (sore bruises), and haki (broken bones). [10] Religion: Koa branches were made into booths for ritual purposes, in dedication of heiau. [18] The Choosing & Making of Canoes The process of selecting the correct tree for making a canoe (wa`a)was more than simply walking into a forest and picking out a tree to be used. Before making a canoe, the Hawaiians employed a Kahuna, or priest, to offer prayers and sacrifices to Ku, the long-bearded god of canoes makers and of war, that the work should be successful.Then, the kahuna aided the men in selecting a suitable tree in the forest. This was a laborious work to fell a tree using a stone adze. The wa`a was then roughly hewn with the same tools. mhtml:file://G:1ConnectionslNative Plants Hawaii - Viewing Plant Acacia koa.mht 10/19/2013 3841 r' , Native Plants Hawaii - Viewing, . Acacia koa Page 14 of 12 If the native bird `elepaio (Chasiempis sp.), or the native crow, `alala (Corvus tropicus),* settled on the log, this was considered an ill omen, and work on it was abandoned. Another tree was selected to take its place. If all went well, there was the chant to move the felled koa: One would cry: "I ku mau mau!" (Stand together!). Then from all: "I ku wa!" (Shout!) One: "I kir mau mau!I kac hulu hulu!I ku lanawao!" (Stand together! Haul with al l your might! Under the mighty trees!) All: "I kuwa!" (Shout!) One: "I ku lanawao!" (Under the mighty trees!) All: "I kuwa!" (Shout!) "I ku wa huki!" (Shout! Pull!) "I H wa ko!" (Shout! Push!) "I kCt wa a mau!" (Shout! ...Snagged!) "A mau ka eulu!" (Snagged in the tree top!) "E huki e!" (PULL!) "Kulia!" (STRIVE!) [20] Although the wa`a was made from koa,a number of other woods were used to construct and complete the project. Among them were `ohi'a (Metrosideros spp.), `ahakea (Bobea spp.), wiliwili (Erythrina sandwicensis), kamani (Calophyllum inophyllurn), `ulu (Artocarpus altilis), kukui (Aleurites moluccana), and hau (Hibiscus tiliaceus), to name a few, with the last three being Polynesian introduced plants. [20] * `Elepaio are only known to have existed on Kauai, Oahu and Hawaii Island; `Alala is only known from Hawaii Island. Both are still found today on these islands. While there is no fossil evidence of`elepaio found on other islands, there were two other Corvars species found on the islands of Oahu and Molokai at the time of early Polynesian settlers. Modern Use Today, koa is propagated and planted in forest restoration projects and/or used as shade trees in home gardens. [181 The wood is still very much prized in wood craft and is high in demand, being one of the most expensive woods in the world. [1,12,151 Koa is also a tonewood and used in modern musical instruments such as `ukulele, acoustic guitars such as used country music artist Taylor Swift, some electric guitars, and Weissenborn-style Hawaiian steel or lap guitars. [5,15] Dyes, or tannins, are still made from koa bark. The dye colors will range from light to very dark (blackish) browns according to the mordant (dye setting metal substance) used on the fabric. [4,18] Additional References rnhtm[:File://G:IConnectionslNative Plants Hawaii - Viewing Plant Acacia koa.mht 10/19/2013 3842 ' Native Plants Hawaii - Viewing F • ,. Acacia kaa 4 � Page 1 l of 12 [1] "Growing Koa" by Kim M. Wilkinson, pages 5, 7, 11-12, 35-36, 39, 55, 58, 59, 84. [2] "Plants in Hawaiian Culture" by Beatrice H. Krauss, pages 22, 52, 65. [3] "Arts and Crafts of Hawaii" by Te Rangi Hiroa(Sir Peter H. Buck),page 384. [4] "Hawaii Dye Plants and Dye Recipes" by Val Frieling Krohn-Ching, pages 77, 136. [5] http://en.wikipedia,org/wiki/Acacia—koa [Accessed 10/7/09] [6] "Plants of the Canoe People" by W. Arthur Whistler, page 27. [7] "Native Plants Used as Medicine in Hawaii" by Beatrice Krauss, page 20. [8] "Na Lei Makamae--The Treasured Lei" by Marie A. McDonald& Paul R. Weissich, page 42. [9] "Hawaiian Herbs of Medicinal Value, by D.M. Ka`aiakamanu & J.K. Akina, page 46. [10] "Native Hawaiian Medicine--Volume 111" by The Rev. Kaluna M. Ka`aiakamanu, pages 62-63. [1 i] "Hawaii Forest Disease and Pests" http://www.ctahr.hawaii.edu/forestry/disease/index.htmi [Accessed 2/4/11; updated on 4/28/10] [121 "In Gardens of Hawaii" by Marie C. Neal, pages 410-411. [13] "La`au Hawaii: Traditional Hawaiian Uses of Plants" by Isabella Aiona Abbott, pages 80, 83, 87-88, 110, 115, 129. [14] "The Hawaiian Honeycreeper: Drapandidae" by H. Douglas Pratt, pages 129, 209, 210, & Plate 1. [15] "Contemporary Woodworkers" by Tiffany DeEtte Shafto & Lynda McDaniel, pages 170, 172. f 161 "Traditional Trees of the Pacific Islands" by Craig R. Elevitch, pages 1, 4, 5, 6, 7. [17] "How to Plant a Native Hawaiian Garden" by Kenneth M. Nagata, page "Koa." [18] "Ethnobotany of Hawaii" by Beatrice H. Krauss, pages 127-130. [19] "Extinct Birds" by Julian P. Hume & Michael Walters, pages 246-247. [20] lkuna Koa Outrigger Canoe Club http://www.ikunakoaoutriggercanoeclub.com [Accessed on 9/26/13] [21] Hawaiian Dictionaries online http://wehewehe.org [Accessed on 9/27/13] l( iu,) ` More Links Plant Gallery \,;.,VI i'Ih':�, (F�1�IC1'. Back to Plant List I'1a31, 1 ki mhtml:file://G:1ConnectionslNative Plants Hawaii - Viewing Plant Acacia koa.mht 10/19/2013 3843 Native Plants Hawaii - Viewing F ' : Acacia koa Page 12 of 12 Other Nursery Profiles for Acacia koa • ;�II�r113 \�II'1L11 • Bi, bland Plants • F"IlurC FOIL stti • 1 lo'ol,mu 1 'Imes • lEJ KU Maolli 01"I: • \,!,ire Nu1.1.0 I L 0 k Ets�ht> �?al.a �ni�lit About this Sits Native Plants Hawaii. ©2009 All Rights Reserved. University of Hawaii. mhtml:file;//G:1Connections\Native Plants Hawaii - Viewing Plant Acacia koa.mht 10/19/201' 3844 Crbatium menziesii (Hapu u) Page 1 of 3 • � Orn Y'i .y r', College ofTropicalAgriculture 1Human Resources University ofHawaii at ManoaY Hawaiian Native Plant Propagation Database Ciborilm? lilcil.=iesii L).atabase Browse Datal)ase-- Alternative Botanical Names ,< By BotanicalNone found Name Common Names Hapu'u Hapu'u 'l'i 1 et-N tiVt Hawaiian Tree Fern Male Tree Fern Hanhan IPS nt Skis Family Other,Plant Dicksoniaceae Pro��tiibn Sites Potential or Traditional Uses ' ;, Landscape Database l fl ibl iographv Description Database I{cynic Cibotium menziesii is HawaiTs largest tree fern. It can reach 35 feet in height, but often p �4 grows only 7 to 25 feet tall The trunk can be up to 2 112 feet in diameter. The fronds arch and can grow as long as 12 feet. The fronds of Cibotium menziesii are smooth and slightly Other CTA}1R paler underneath with yellowish midribs. They are singly divided, but the divisions are Databases lobed. Soft, brown hairs cover the young fronds, but upper parts of the frond stalks are covered with stiff, black hairs. The spores form in pouches at the ends of the small veins. (Bornhorst 1996; Smith 1999a; Valier 1995) Habitat and Geographic Range Cibotium menziesii is an endemic Hawaiian tree fern and is found on all the major Hawaiian islands. This tree fern can grow either terrestrially (on the ground) or epiphytically (on trees or shrubs). It grows in moist and wet forests and is most common at elevations ranging from 1,000 to 6,000 feet. (Smith 1999a; Valier 1995) Propagation by Spores Cibotium menziesii can be grown from spores. Spares should be collected from mature fronds of healthy plants. The most mature fronds are generally those lower down on the plant. The spore containers (sori) on these fronds should appear full and plump. The frond branches(pinnae) should be removed from the main frond stern and dried in paper bags, envelopes, or folded newspaper packets. Place each frond piece in its own paper container with the spore side down. To ensure that the spores dry quickly and do not mold, place the containers in a single layer in a warm, dry location for 2 or 3 days. The ripe spores will fall off of the fronds. The spores can be separated from the remaining debris using a very fine screen or seive. http://www2.hawaii.edu/—elierring/hawnprop/cib-menz.htm 10/19/201. 3845 Cibortium menziesii (Hapu'u) '" '' Page 2 of 3 Sanitation is an important part of sowing fern spores to prevent both fungal infections and cross contamination by other fern spores. Smith uses a commercial mix containing sphagnum peat, vermiculite, and perlite (Pro-Mix). He moistens this mix with distilled water and microwaves it in a lidded container for 10 minutes on the high setting of the microwave oven. After being heated in the microwave, the planting mix is spread in a sterile plastic tray with a clear plastic lid("humididome") and allowed to cool. The cleaned spores are spread on the surface of the cooled mix and moistened with a fine spray of distilled water. Smith suggests that mixing the spores with water and spraying them onto the planting mix can provide more even distribution. replace the lid as quickly as possible to prevent contamination. Clean, dry spores can be stored in paper envelopes or packets. Place the envelopes in an air tight container and place it in the refrigerator. (Smith 1999a) Propagation by Cuttings Cibotium menziesii can be grown from the side shoots that form on the main trunks. (Bornhorst 1996) Propagation by Division Not applicable. Propagation by Air Layers Not applicable. Propagation by Grafting Not applicable. Propagation by Tissue Culture No information located to date. References Bornhorst, Heidi L. 1996. Growing native Hawaiian plants: a how-to guide.for the gardener. Honolulu: The Bess Press. p. 74-76. Hensley, David, Rhonda Stibbe, Norman Bezona, and Fred Rauch. 1997. Haputr (Hawaiian tree.fern), Ornamentals and Flowers, OF-16. Honolulu: Hawaii Cooperative Extension Service, College of Tropical Agriculture and Human Resources, University of Hawaii at Manoa. (Also available as a PDF file at I r.;,: t I .11 I1. Smith, Art. [1999a.] Obotium Menziesii.... Tree Ferns in Hawaii [Web site]. [Cited 17 February 2000]. Available from"!= yj_i=, a��_.�f_,?� Smith, Art. [1999b.] Tree Fern Sport Notes ..... Tree Ferns in Hawaii [Web site]. [Cited 17 February 2000]. Available from Ilw) \%vv11 .lili=1 "�.ii;l �l!'i�illl;il ll'C�lC1'llti ti ��I"Gti I" ',1. Val ier, Kathy. 1995. Ferns of Ham-oN. Honolulu: University of Hawai'i Press. p. 52. http:/Jwww2.hawaii.edu/—eherring/hawnprop/cib-menz.htm 10/19/2013 3846 Cibotium menziesii(Hapu'u) Page 3 of 3 The image in this record is used with permission from Art Smith's Web site "Tree Ferns in Igastd' Hawaii" at lilt �i�rrn.�ilte�r��y.ecru http://www2.hawaii.edu/—eherring/hawnprop/cib-menz.htm 10/19/2013 3847 T4,True Cosi or LEED-Ceniried Groan Buildings HEATfNG/PIPING/AW COMOrriCWN HPAC ENGINEERING The True Cost of LEED-Certified Green Buildings Stephen J.Vamosi,PE;Intertech Design Services;Cincinnati,Ohio Sat,2011-01-01 12:00 Columnist examines what contributes to the higher price tags of green designs Editor's note:The following is Part3 of a three-part series. Many industry plvfessiouals believe that seeking Leadership in Energy and Environmental Design(LEER)certification wit!put an additional financial burden on new and existiug/remodeled buildings.Let's take a closer look at what goes into the cost of a LEED design: • Possibly higher energy use(See Part 1 of this series, ;, Ju_,i _u�1 _:,i.,"November 2010). • LEG➢certification fees. • Construction-related expenses for architects,engineers,LEED advisors,etc. • Site clearing and debris separation/disposal. • Green materials and equipment. • Post-constnrctionmonitoring/environmental-controlsystems- • Higher operating expenses. LEED Certification Fees According to recently filed court documents,the minimum cost of LEED certification is S2,900 for a new building under 50,000 sq ft.1 LEED certification fees fora newly constructed building over 500,000 sxl ft amount to$20,000(plus a$goo initial registration fee).In Califonlia,certification of a new hospital exceeded$1 million.A t,2-million-sq-ft mixed-use office building with a$400 million budget estimated the cost of LEED certifiretion is"drily 0.27 perccut of the total cost,"whieh represents an additional Si.os milliou. Construction-Related Expenses Construction-related expenses for LEED-certified buildings can increase a project's cast by about 10 to 30 percent,LEED certification alone can account for 5 to Ts pereent of the total construction costs,not including funds required for other mandated expenses. Architects and engineers usually demand higher fees for green designs.Green designers add value to the end product and provide extra services.A green-design professional typically charges 1 to 2 percent more for a LEED-certified building design. 'Mese figures du not include the rates of a LEED Accredited Professional(wiich can increase design fees by 10 to 15 percent),LERD-certification application fees,or the costs associated with monitoring and reporting building performance. Site Clearing and Debris Separation In the early phases of the"green revolution,"contractors voiced their concerns about spending excessive amounts of money and wasting time on carefully picking and separating various materials that result from the demolition of older buildings.Having separate containers for brick drywall,steel. wood,etc.was a job killer.The disposal of some recovered material,such as steel and copper,might have been financially advantageous,but most separated materials were dumped into the same landfill. Green Materials and Equipment The cost of green-certified materials can become an issue when LEED design guidelines favor one material source over another.Building Design+Construction discussed woad certification in its March 2010 issue.2 According to the magazine,the U.S-Green Building Council(USGRQ only accepts wood when it comes from fumsts certified by the Forest Stewardship Counril(PSC),The problem is 82 percent of FSC forests are outside of the United States and Canada.The USGK apparently did not consider the cost of delivering certified wood thousands of miles from outside of the United States.Similar issues would arise if,for example,one drywall manufacturer or one steel supplier became a"designated green supplier." USGBC green-design guidelines delineate systems and equipment considered to be green,such as tankless(instantaneous)water heaters.A gas heater's overall energy efficiency ranges from 25 to 30 percent,as opposed to the g2-to 95-percent thermal efficiencies of storage-tank-type water heaters. Electric water heaters theoretically are too-percent efficient at the point of use.However,electric energy typically is delivered to the point of use at an overall efficiency of approximately 30 percent.(A 3-gpm instantaneous water heater with a 70'F rise requires a 324w heating element-)The ousts of larger electric feeders,switchgear,and internal wiring must be considered-However,USGBC guidelines do not even mention overall system efficiency as a criterion for awarding extra points.The result is that final designs frequently receive points for non-economical designs. Post-Construction Monitoring To comply with the monitoring and reporting post-construction performance data required for LEED certification,a building's mechanical,electrical, and plumbing systems must have a sophisticated data-collection/evaluation s:3stem installed,Small-to medium-size buildings traditionally do not specify,install,and maintain that kind of equipment.This one item could add up to several thousands of dollars worth of computer hardware,software, and sensors.larger buildings normally are prepared to include complex data-recording/reporting systems,somewhat reducing the additional-cost impact.Also,larger buildings normally have skilled operators on staff,while small-and medium-size buildings might not, Post-construction monitoring costs t}l)icaily are recurring.Data collection and complex submittal calculations need to be repeater}annually for every building, Conclusion Pails--,and 3 of this series are full of pro and can arguments about green designs itis almost impossihle to keep up to mate on new developments on a dally—or even weekly—basis.Other issues shout the effects and impacts of going green not mentioned in these columns are egnally important and Mill playa significant part in The o%erall operating costs and energy efficiency of buildings. References L)henry Gifford,C.1K6rd Friel Savings lnc.vs U.S.Green Building Council,David Gottfield,Richard Fedrirzi,Rob Watson,,1 ane Doe,John Doe,et A, 10 Civ 7747(2010). 2)Cassidy,R.(2oto,March).End the battle of FSC vs.SNI wood in LEED.Huilding Design+Coristrrrcrion.Retries ed from Stephen J.Vamos;f,PE,is principal and chief erecutiue officer of Inrertech Design Services(�,__�, .' �:),an architecture and eng fneeringfirm specializing in the design of commercial',medical,educational,arld retail buildings.Ile also is a professor emeritus for the flniuersilg of(Yncinnati and o niernber of the American Sncle{y 0f Heating,Refrigerating and Air-Conditioning Engineers. 3848 + Tl+p True Ca%l of LEND-Cern fwd Green Bwldmgs Source URS.:.. 3849 D NRY LEE LOY ORAL TESTX'_ '� My name is Dr. Henry Lee Loy and 1 live on Mele Manu Street. There is further evidence that the proposed location of the Connections Public Charter School is inappropriate. To leverage traffic congestion there is evidence that every public elementary school in Hilo has a separate one-way entrance and a separate one- way exit or two separate drop-off and pick-up points on two different streets surrounding each school. Images and specifics are being submitted as evidence: • Kaomana Elementary School (292 students); Has a separate one-way entrance on Kaumana Drive Has a separate one-way exit on Kaumana Drive Has Second drop off and pick up point behind cafeteria • DeSilva Elementary School (429 students); Has a separate one-way entrance on 'Ainako Avenue Has a separate one-way exit on 'Ainako Avenue • Hilo Union Elementary School (487 students); Has two separate drop off and pick points: The first one on Waianuenue Ave. The second one on Kapi'olani Street • Keaukaha Elementary School (407 students); Has a separate one-way entrance on Desha Ave. Has a separate one-way exit on Desha Ave. Second access from Kawananakoa gym parking lot • Kapi'olani Elementary School (376 students); Has two drop off points: The first one on Kilauea Ave. The second one on Mohoull Street Has a separate one-way entrance on KTlauea Ave. Has a separate one-way exit on Mohouli Street • Waiakea Elementary School (877 students); Has a separate one-way entrance on Puainako Ave. Has a separate one way-exit on Puainako Ave. • Waiakeawaena Elementary School (71 4 students) Has three separate drop off and pick up points ; The first access on Kino'ole street The second access on KTlauea Avenue The third access is in the Andrews gymnasium parking lot. The proposed Connections Public Charter School (350 students) will have only one driveway to accommodate both entrance and Qxit..access.Dn_Ed": tre?eq, 3850 located only a few hundred feet from the potentially dangerous intersection of Edita Street and Kaumana Drive. Traffic will back up and down Kaumana Drive and Edita Street causing an immediate and adverse impact endangering the lives of residents and students alike. There is additional evidence that the Traffic Impact Analysis Report, the result of a one day traffic count at the Edita St. and Kaumana Drive intersection on May 28, 2009 is obsolete, biased, and not an example of a typical school day. Documents are being submitted to provide evidence that three large schools in Hilo were already closed on that date for summer break. Those schools were the University of Hawai'i Hilo, the Hawaii Community College and the Kamehameha Schools Hawaii Campus. Over 7000 students were not in school that day thereby creating a variable that could question the accuracy of the study conducted on that date. The report stated that the future traffic growth along Kaomana Drive was expected to be minimal and that there would be no traffic growth of traffic along Edita Street. Since the 2009 traffic impact analysis report was completed, documentation is being submitted that evidences several new subdivisions that have been or are being developed which will greatly increase traffic. They include the Department of Hawaiian Homes residential subdivision on Lawai Road, William Brillhante`s proposed 45 lot subdivision at the end of Edita Street, the new 39 lot Hokulani Street subdivision and a 23 lot residential subdivision at the intersection of Kaumana Drive and the Mohouli Street extension. Construction has begun on the new 100-bed Skilled Nursing Facility and the Regency Hilo Nursing & Rehabilitation Center at 563 Kaumana Drive and the Mohouli Senior Phase I housing project at the Mohouli Street extension in lower Kaomana is nearing completion. Documentation requested from the Hawaii County Police Department is submitted showing that traffic accidents increased from 11 to 18 under PostlBeat 147 which covers Kaumana Drive and areas surrounding Edita Street in the past year. Lastly, there is evidence that "shark teeth striping " has been added to Kaomana Drive to warn drivers of the dangerous road conditions. In conclusion Madame hearing officer, the proposed location of the Connections Public School in an established residential neighborhood is inappropriate and I respectfully request that you deny the special use permit. Thank you. Respectfully Submitted, Henry K. Lee Loy 1579 Manu Manu St. Hilo, Hawai'I 96720 3851 1 ! 1 1 1 .K Kaumana Elementary School K-6= 292 students Y • • Separate one-way entrance on Kaumana Drive - Separate one exit on Kaumana Drive • 2nd drop off and pick-up point behind cafeteria • Shark's teeth road stripe installation 3852 1 � . in loon was 1 X11 sA' I Tek al - rM� q - j. S �s £ . x r CON ' r � ti hill h s ?� 3 � tl� x Y� NOVA. ..�.,,n�r rygR ti �A�a. SAN' +*' c c MR, i '3 `T 'e r�-.�¢x4r t5p s k -..xt3 as t yn� a SAO ifx G Now, MY 2r F ! FyCOXi ? Y d v , . rmA�'y� S Rv t J P d �S14,11 , IV TIMPkil We cl r +r a c VII, Y§,�a`p� -. 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Q 1A V1 ad a0 m H O w N m e M W r M d V1 c0 �/1 m 'P N ri ri ''^ .-1 r+ N N v d N e M .r M r w � m O an m M N 01 p� rI] N N Q V N p M M1 GN �o O N y N ri M N N M�O m N .-1 H m .y M r N n NLn N b aO M m N M OI N N N N M N N N Al r m m R m M m w M1 O p M1 m H mLO m a0 Cf vl I� 01 n N e1 N N N N m M N 'Q w M r1 ? m ri h b mm dt N tD 61 O m H N N N H •i H +t} '.D N h ''JJ1l a-f M m N Iz tj t3> L �, I , x � a 1Ad auold $ a¢ � ZiOa �u �+ S � QOtl ab O uim a � nixd � =z4Q � Qa �aao � m m ax 559x2 -4 .�q Q a z e x 7 a l a be s W z a a z n � 3 w �yerr �y„x Z 2 x Z Y `1 Y Y ]G S2 Y Y Y X Y Y X 5 'L 2 L" yy 7ti v,ig ��i � �� vQVNaiNomo Ln to mLoi "'saMm um°i �iLn W � moi � ro 3860 y1TY op 4�*vf` JV9�y UNIVERSITY of HAWAII° I-LkWA I I p` t, �� COMMUNITY COLLEGE keq c Kn p'NP} 20082009 Catalog HAWAII COMMUNITY COLLEGE 200 West Kawili Street Hilo, HI 96720-4091 INFORMATION CENTER Building 387, Manono Campus Phone: (808) 974-7611 Fax: (808) 974-7692 TTY: (808) 933-0702 ADMISSIONS OFFICE Building 379, Manono Campus Phone: (808) 974-7661 Fax: (808) 974-7692 RECORDS OFFICE Building 379, Manono Campus Phone: (808) 974-7662 Fax: (808) 974-7692 UNIVERSITY OF HAWAII CENTER AT WEST HAWAII 81-964 Haleki'i St. Kealakekua, HI 96750 Phone: (808) 322-4850 TTY: (808) 322-4856 Fax: (808) 322-4855 COLLEGE WEB SITE www.hawail.hawaii.edu Disclaimer This cataio`hrorides general mlorrnation shout Hawaii Community College,its programs and ser�7ces,and surnwari'r.es those major policics and procedures of relevance to the student.The information container) in this catalog is not necessarily complete. Tor further inftrrmation,stunts should consult tcith the appropriate unit.This catalog was Prepared to provide inform ati on and does not constitute a contract.The Culleoe reserties the right to,without prior notice,change or delete,supplement or otherwise amend ai any time the inlormatinn,requirements,and policies contained in this catalcr�or other documents 3861 Aat r ° 1 -2 X09 M F , Spring 2009 Semester Calendar Aug 15 (F) Last day for International Students(living abroad) to submit complete Spring 2009 application Oct 31 (F) Last day for Internationa) Students(in the US with F-1 Visa)to submit complete Spring 2009 application TRA Payment of UH System Tuition/Fees due by 4:00 pm if you early registered (You may pay Tuition/Fees online by 7:00 pm through MyUH Portal) Dec 3 (W) Last day to submit completed applications for Spring 2009 Semester Jan 6-7(T-W) Regular Registration(New, Returning,Continuing,and Transfer Students) Jan 12 (M) First day of Instruction Jan 12-16(M-F) Registration changes(Adds/Drops)(In-person anytime: S S.00 fee,Online until Jan 16:no charge) NOTE: A $30.00 Late Registration fee will be charged For new registrations on or after the first clay of instruction. Full Tuition Pavment is due 1w 4:00pm on the day you register Jan 16 (F) Last day to officially withdraw without owing tuition. (If you register and decide to not attend,you must ofFcialfy withdraw by dus date.Afterwards,students with unpaid balances will be obligated to pay.) Jan 16(F) Last day to receive 100%Iuirion Refund for withdrawal from semester-length classes Jan 16 (F) Last day to receive Fees Refund for withdrawal from semester-length or partial-semester classes Jan 16 (F) Last day to Add semester-length classes/Last day to Late Register Jan 19 (M) Martin Luther King,jr.Day(Holida),) Jan 30(F) Last clay to receive SO%Tuition Refund for withdrawal from semester-length classes NOTE: You may withdraw online from semester-length classes through Sunday,Feb l provided you have at least one class remaining this semester Jan 30(F) Last day to Withdraw from classes without a"W" NOTE: You may withdraw online from semester-length classes through Sunday, Feb I provided you have at least one class remaining this semester Jan 30(F) Financial Aid census date Feb 16(M) Pretidenu'Doy(Holiday) Mar 2 (M) "I"removal deadline: Student to instructor Mar 6 (F) loon-Instructional Day Mar 13 (F) Last day to apply for Spring Semester Graduation Mar 20(F) Financial Aid census date Mar 20(F) Last day to submit Credit by Exam results to A&R/WHSS Office Mar 20(F) Inst day to Withdraw from classes with a"W"(for semester-length classes) Mar 20(F) "I'rernoval deadline:Instructor to A&R/WHSS Office Mar 20(F) Last day to submit application to Audit classes Mar 20(F) Last day to exerc!se CR/NC Mar 23.27(M-F) Spring Recess(No School) Mar 26(W) f:ahho Day(Holiday) Apr 3 (F) Last day to apply for Spring Semester Graduation Apr 10(F) Good Fridai (Holiday) Apr 15 (W) Last day for International Students(living abroad)to submit complete Fall 2009 application Apr TBA Fall 2009 Early Registration for continuing students. NOTE:Information for Tuition and Fees Pavhnent will be provided with registration information. May 6 (W) Last day to submit Complete Withdrawal form. (Dropping you from ALL.your HawCC Spring classes) ROTI-: if you are enrolled in part term class(es),the Complete Withdrawal must be clone before any class is completed. May 6 (W) Last day of Instruction p May 7(R) Writing Final Exams Ma) 9 (F) Final Exams for classes that met on Fridays only throughout the semester May 1 I-14 M-R Final Examinations Mar 1S (F) Hawaii Community College Commencement- Flilo May 16(S) Hawaii Cornmunity College Commencement-West Haivai`i Mav Is (M) Spring semester ends; lnstructurs must suhmit wades by 12:00 noon Mat 31 ((i) Last clay for International Students(in the LIS' with F-1 Visa)to submit complete Fall 2009 application �! *OTFS: 'R' denotesThursclay. o `A&R' denotes Admissions& Records Office(FlAo) 'W HSS'denotes West Hawai'i Student Services Office(WH) :lcadennc Colerid it siibjea to chane_- 1(I$ Academic Calendar 3862 10/18/2013 09:17 . � Division of St�dcnYAffairs ,�6¢y{Yr ckN� OfFiCe of the Rei,stnr '7 UNIVERSITY ' S of HAWAF'Z' HILO Post-it"Fax Note 7671 ��+�0 ki y� 1``�j�� pag°es► Top(.i+ From Ca 00. Phone#0(A .. Phpng � T74--131 October 18, 2013 Fax Pax# P�pY Q33-06(ol To Whom it May Concern: This is to certify that the Spring 2009 term began on January 12, 2009 and ended on May 15, 2009. Please feel free to contact the Office of the Registrar directly at (808) 974-7322, if you have any questions. spectfully, Cath A. Travis University Registrar 200 W.Kiw)))St Hilo,Hawai'i 96720-401.41 Telephone:(898)974.73U FAX,(80 6)93 3-096 2 hilo.hawBihedo An Equal OPPortunity/Affr?mauve Action Imb 3863 'NHawai-i 7W� Vic 2008-2009 School Year Calendar Teachers: ( days) Elementary&Middle(Trimester) High School(Quarterly) 1st Trimester: days 1 st Quarter: days Students: ( ES days) 2nd Trimester: days 2nd Quarter: days ( MS days) 3rd Trimester: days 3rd Quarter. days ( HS days) 4th Quarter: days Su M T W Th F 5 July 20 21 22 23 24 25 26 27 28 29 30 31 August 1 2 Aug 1 First day of school 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 September 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 October 1 2 3 4 5 6 7 8 9 10 11 Oct 6-10 Fall Break 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 November 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Nov 11 Veterans'Day-Holiday 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Nov 27.26 Thanksgiving Holiday 30 December 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Dec.18 Founder's Day-112 day 21 22 23 24 25 26 27 Dec 22-Jan 2 chrislmas Break 28 29 30 31 January 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Jan.18 Martin Luther King Day-holiday 25 26 27 28 29 30 31 February 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 March 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 March 23-Apfil 3 Spring Break- April 1 2 3 4 5 6 7 8 9 10 11 April 10 Good Friday-Holiday 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 May 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 `�)23 May 22 Last Day K-12 24 25 26 27 28 29 30 May 23 Baccalaureate-HM tea-Graduation 31 May 26 Last Day for faculty June 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 July 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 August 1 2 3 4 5 6 7 8 DATE x 1 H6days(No School) 001heTNoS006 Days 3 864 Text Version Hewailan language onllne �.,. SEARCH Home About siwl�� Au. I �Itrent Students AI INSTITUTIONAL INSTITUTIONAL RESEARCH & ANALYSIS OFFICE RESEARCH & UNIVERSITY of HAWAII SYSTEM-ACADEMIC PLANNING AND POLICY ANALYSIS OFFICE Mats New: .................... ...................... Back to • ANNOUNCEMENT: Academic Planning and Policy • Effective immediately, IRO's new email address will be iro-mail@lists.hawaii.edu.The current small .....................................I............. address will be inactivated by March 10,2010.Please update your email addresses to reflect the DATA change. ....................................................... Data Access Portal .......--•............................................ • Changes to Race/Ethnicity Collection and Reporting IRO Dynamic Reporting View Details... ODS Data Dictionary ....................................................... Discoverer Reports MAPS I INSTITUTION REPORTS Academic Crossover View by Headcount View by SSH .................... ......... .................. Courses ........................ Fall 2013 CENSUS Headcount: Curriculum ..................................................... Fall Fail Fail Fait Fall Enrollment %C %C %C %C ' ........................-............................... ; 2013 2012 2011 2010 2009 Faculty/Staff ....................I--............................... , Finance Manoa 20,006 -2.1 20,426 -0.0 20,429 0,5 20,337 -0.5 20,435 ........... .................................... - - ---- �_ _ Graduation and Persistence Hilo 4,043 -2.7 4,157 0.4 4,139 1,5 4,079 2.6 4333 ; ..................I................ Peer and Benchmark Groups ( t0`ahu 2,361 18.2 1,997 20.2 1,662 13.0 1,471 104 ................................................. k Planning Information ixa awaN Community College 3,406 -7.0 3,663 -6.5 3,917 2.7 3,815 16.5 3,275 Projections _.-- ' - - - ---- Honolulu Community College 4,368 -4.7 4,582 -0.4 4,61X7 -2.6 4,725 3,5 4,567 ; Students ..................................................... Kapi'olani Community College 8,376 -5.8 8,892 -1.5 9,023 -?.0 9,301 �2.2 9,102 ; _-� --__-- _- KaudiCommunityCotlege 1.530 23 1,495 4.3 1,433 0.4 1,428 6.2 1,345 ; by Academic Year - , ' Leeward Community College 7,976, 0.2 7,960 0.8 7,895 -0.6 7,942 6.1 7,484 ; MAPS Resources Maui College ^4,076. -7.0 4,382 -3.2 4,527 3.7 4,387 6.1 4,114 ...........I........................... Windward Community Col ' Latest Reports(last 917} dy 2, 99' 1 2,741 1.3 2,705 3 0 2,625 13.3 2,31fi ....................................................... - ---.-------- --- ---------- -- ---------------------------- ---- -------- DiscortUnued MAPS reports ................I.............I—... 0 MAPS RSS Feed View Fall 10-year historical headcount headcount and SSH taken(Fall 2003.2013) ......................................•.............. View Spring 110-year historicat headcount and SSH taken(Spring 9003-3013) OtherReporffi - Ad-hoc Studies I Special I Other Student Right-To-Know_(SRTK) Contact Us: C6 Quick Links: Other IR Offices University of Hawai9 REQUESTFORMS Institutional Research Office • Report Grid • UH M§noa Cade Request Form for Academic Sinclair Annex 2,Room 4 • Request Forms • UH Hilo Program Codes 1433 Bachman Place • IRO Freeze Information • UH West O'ahu Cade Request Ga,ide......... "I......, Honolulu,Hawal'I 88822-2301 • IRO Dynamic Reporting • Hawaii CC DS Access Request Form • ODS Data Dictionary • Honotutu CC O ............Access iro-mail@lists.hawaii.edu • Kapfolani CC REFERENCE INFORMATION 808.956.7532(Office) • Kaua'i CC SW1R @UH Bwiki 808.956.9870(Fax) • Leeward CC ..................I ..."I............................ Mon-Fri(excluding holidays) • Maui CC Race/Ethnicity Collection and 7:46 a.m.to 4:30 p.m.HST • Windward CC Reporting Changes ~<tto:l'wuuw.nawa+i e3ofiros 14/20/13 12 17 Page 1 3865 _ to KS System v a H: w + r r Campu • Kamehomeha Schools 41*41- etementary t Elementary School Quicklinks Middle School Quickiinks High School Qocklinks Hawai' i Campus The 300-acre Kamehameha Schools Hawai`i campus is located in Kea'au eight miles south of Hilo in a remote, heavily forested and beautiful area. Founded in 1995 the school currently enrolls1,120 K-i2 students. The curriculum is directed towards preparing students for success in post-high school endeavors and a rewarding and productive life. The overall program is college preparatory with significant enhancements in career and vocational opportunities. Junior and senior students participate in a career academy program which offers skill development and career orientation in the following fields: Arts and Communication; Business and Leadership; Engineering and Design; Health and Wellness; and Science and Natural Resources. h11p:dhawa 6,kshe,edul 1,0120113 12-2' Page- 3866 1 1 i C/] LU O } LL- C=) LC=) C/] W F- J W L Z V] F- W d r W d W J D 867 t tz LU LU CYDI �}y O F V,CF) oo o v = ice N 17 Q r CcEIBW .. .. a L. co •,. is 3868 Q M i Mi oc aW ._ cq o IL a • w Z ad Z �7 CO ~_CO) Fes" C�7 0 Z Fes" J o A _ V = W m N CO LL. 49 on WU = z 0ara 0 LLI CC 0 IL W oscn pe- � � a o � � La � a cc o W. 2C) � ZD.., Ci o0 � � 3 � o _ Q � o a � � � C7 � Q. 00 col Wa c� _ _ o pOH O _ — � ZZ = " W Ciya °c ao cm ZmZQOZ W ? o Rr 0Z c� � 0 = W � ! ymo o .W � 05IL = = y °c o p L . v 0 UA � � r 0 o • � Yi -1 d IL W6 cn cn A& a W d Q W N , Z O cry z LU I--- >< LU w Lu w o� o C-4.1 Q 3869 „ , � � , JI 9 A° is �.r � �5tea. PI r 44�- :. �”.` ' kN,, ��y9��...ySy."`��p ���,� x Y �h •ti ..�r +�n ,�.uSYA.1_.�� � k,,�- gg�Y as ,i. � � ✓s a,qA,{��'•-•p�.,r-�-;. _v� p .7 �T- r 1> - Rr h d k cf 11�1� MwRi�Y'z 5Min4 � F Z 7 Ms. opZ 67 A- N� Y„p � k . ...... kro"N •s s ht,f yy y'r. t 4 7 � - r r � > LIQ /lav,ol CL cp Z ._J p c0 a) Er- C -� LL U W _ � co � Co � � •j TRAFFIC ACCIDENTS The below information was obtained from the Hawaii Police Department Records Management System(RMS), the Hawaii Police Department does not keep records of a specific street or address,but does document reports by Post/Beat. The below information relative to traffic accidents was obtained by searching Beat 147 for the periods indicated below.Beat 147 cover Kaumana Drive and areas surrounding Edita Street. The mapping location of beat 147 is as follows: Beat 147—From the intersection of Waianuenue Avenue and Puu Hina Street,thence in a southerly direction along Puu Hina Street to Kaumana Drive, thence in a southwesterly direction on Kaumana Drive to Omao Street,thence continuing southeast along Omao Street extended to the center of Alenaio Stream, thence in a westerly direction along Alenaio Stream to a point which intersects with a line drawn from Mohouli Street extended,thence in a straight line in a westerly direction to a point intersecting with a line from Akolea Road extended,thence in a northerly direction along that line to Akolea Road encompassing all properties along both sides of Akolea Road to the intersection with Waianuenue Avenue and thence in an easterly direction along Waianuenue Avenue to the point of origin. In Records Management System, under Post/Beat 147, for the dates of 10101-2011 to 1010112012, reported traffic accidents totaled 11. In Records Management System, under Post/Beat 147, for the dates of 10101-2012 to 1010112013, reported traffic accidents totaled 18. 3872 t w E t • e•Q .kY :A e ti • Testimony of Terence Yoshioka 1572 Melemanu Street Hilo, Hawaii 96720 Madame Hearing Officer and members of the Windward Planning Commission, my name is Terence Yoshioka and I am testifying on my own behalf as a resident of the Pacific Plantation Subdivision. In the course of my research on Special Permits, I came across a Hawaii Supreme Court case which, I believe, will offer you assistance in reaching your decision on their application. The case is Neighborhood Board v. State Land Use Commission, 64 Haw. 265 (1982). In this action,the Hawaii Supreme Court found that a Special Permit for the development of a 103 acre recreational theme park in an agricultural district "frustrates the objectives and effectiveness of Hawaii's land use scheme." (Supra,p. 272) The Hawaii Supreme Court further stated that"[w]e do 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." (Supra, p. 273) In discussing the Special Permit process, the Hawaii Supreme Court found that"[i]ts essential purpose, as explained by the Attorney General, is to provide landowners relief in exceptional situations where the use desired would not change the essential character of the district nor be inconsistent therewith." (Supra,p. 27 1) In essence, 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. If this Commission follows the principles enunciated in the Neighborhood Board decision, I believe you will conclude that the construction of the school will be contrary to Rule 3874 R 6-3(b)(5)(f) of the Planning Commission Rules of Practice and Procedure 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. I, therefore, urge you to rule accordingly and I thank you for your time. 2 3875 TESTIMONY flello, my name is Jan Yokoyama, I live at 1300 Kaumana Dr. and have lived there for over 40 years. I am opposed to Connections school being built due to tragic and safety concerns. I recently did an informal traffic survey on Monday, October 14 from 7-8 a.m. I was parked at the mauka corner of Edita and Kaumana Dr. I counted 93 cars coming up pass me, 224 cars going down, and 57 cars either entering or leaving Edita St. This 57-car count is unduplicated, meaning if they passed me on Kaumana Dr., I didn't count them. The cars coming down Kaumana Dr. were whizzing pass me and alarmed me to the point that I called Lt. Darren Florio of Community Policing to schedule the speed trailer to be placed at the corner. Hopefully, this will slow them down. Also, some of the cars coming out of Edita St. were not coming to a complete stop at the stop sign. I witnessed a near rear end collision of a car leaving Edita St. and coming upon a car leaving the driveway on Kaumana Dr. Edita St. and Kaumana Dr. are not built to handle any more traffic that the Connections school will bring. . 3876 � 4 October 21 , 2013 Contested Case Hearing RE: Special Use Permit Application - Connections Charter School The State Department of Land and Natural Resources granted a lease to Connections Charter School to build a proposed Pre-K through 12th grade campus. This lease was approved based on the school's ability to obtain all required approvals and permits. This includes permission from the County of Hawaii, via the Windward Planning Commission, to use property designated for agricultural use for non-agricultural purposes. While it would be possible for an educational facility to be built on the proposed site, we must examine all of the boundaries to determine if an educational facility would be an appropriate for the designated parcel. The County of Hawaii's General Plan outlines the framework for the development of Public Facilities such as schools, emergency services, health and sanitation, and government operations. The development of public facilities should be coordinated to effectively service community needs and maximize the effect of the public dollar. An educational facility, on the subject property does not follow the guidelines set forth in the County of Hawaii's General Plan. • The Plan outlines policies, standards and districts for planning and developing educational facilities. Section 10.2.2(d) of the General Plan states that we should "Encourage implementation of the Department of Education's 'Educational Specifications and Standards for Facilities"' (Ed Specs). For new communities, sufficient acreage in accordance with the State's Ed Specs (10.2.3(a)), must be reserved for educational facilities. Because the upper portion of the subject parcel has been deemed unusable due to the Kaumana Cave system, the lower parcel (approximately 37 acres) does not meet the State's specification for a K-12 campus. • There are two pub€ic school complexes in the district of South Hilo. The Hilo High School complex contains nine (9) schools and serves about 5,576 students. The Waiakea High School complex is comprised of four (4) schools and serves about 4,763 students. There is a noted overcrowding of student population at the two Waiakea Elementary 21 3877 re . schools, which has resulted in the need to accommodate 6th grade students at the Waiakea Intermediate school campus. The proposed site for the Connections Charter School is within the Hilo High School complex. When considering the student population, the number of schools in the Hilo Complex, and the projection of resident population by district, an additional school within the Hilo High School complex does not follow the goals and action plan set forth in the County's General Plan. The Planning Commission, on behalf of the County, has a duty to follow the outline for development set forth in the General Plan. If followed, the development of an educational facility would not be appropriate use for this parcel as an additional school in Kaumana does not fulfill a need for the community, and based on public testimony and petitions submitted, does not have the support of the community. The State approved a lease with Connections Charter School without first requiring the school to obtain all required approvals -including the approval of a special permit from the County. Because of this, we are in a situation where we are working backwards and trying to fit a square peg into a round hole. The State's approval of the lease should not dictate the appropriateness of constructing a school on the proposed site. The County has the authority to work within its own guidelines for land use matters and should do so independently and in accordance with established rules and guidelines developed in the best interest of the people and the communities of Hawaii County. Pertinent sections of the County of Hawaii General Plan and Ed Specs are attached for your reference. Thank you for your time. Lee Botelho 3878 COUNTY OF HAWAII GENERAL PLAN ,3NgY QF MR a•� Il ,''�,\�'t ar4t M:No�F%, '•F•DF'N�:/ February 2005 Pursuant Ord. No. 05-025 (Amended December 2006 by Ord. No. 06-153, May 2007 by Ord. No. 07-070, December 2009 by Ord. No. 09-150 and 09-161, and June 2012 by Ord. No. 12-089) Supp. 1 (Ord. No. 06-153) 3879 INTRODUCTION 1.1 PURPOSE OF THE GENERAL PLAN The County of Hawaii's General Plan is the policy document for the long range compre- I�ensiozdevelopn�ent of tl�e island oFF]a�k<tii. The purposes of the General Plan are to: • GLUde the pattern of future development in this County biased on long-term goals. • identify the visions. \alues, and priorities important to the people of this Count)_ • Provide the framework for regulatory decisions. capital improvement priorities. acquisi- tion strategies, and other pertinent government programs within the COMM, organiza- tion and coordinated mith State and Federal programs. • lmprove the physical environment of the County as a setting for human activities; to make it more Functional, beautiful, healthful. interesting.. and efficient. • Promote and safeguard the Public Interest and the Interest of the County as a \\hole. • Facilitate the democratic determination of community policies concerning the utiliza- tion of its natural. man-made, and human resources. • Effect political and technical coordination in community improvement and develop- ment. • inject long,-range considerations into the determination of short-ranee actions and im- plementation. 1.2 HISTORY OF THE PLAN General Plan studies in the County of fiawaii %&ere initiated in the late 1950's and mere limited to particular regions of the island such as the Hilo. Kona, Kohala, liamakua. and Puna Districts. As such, these initial general plans lacked a comprehensive. coordinated, and integrated overN iew of the entire Count)-. The first of these studies. "A Plan for Ko- na". was completed in 1960 and encompassed the districts of North and South Kona. "A Plan for the Metropolitan Area of Hilo" \\as completed in 1961 for the districts of South Hilo and Vilna. " The Kohala-Tlamaki-la Region (ienerai Plan's «as completed In 1963 and covered part of the district of North Mona and the districts of North and South Kohala. Ha- makua and North Hilo. These regional plans v4ere adopted by Ordinance No. ;17 in JUN [96�, as the General Plan For the Count\'. The district of ha'u MLIS the only area in the CoulZt�, not covered by this plan. Hawaii County General Plan -� 3880 §1.4:The Current General Plan Comprehensive Review Program The General Plan progrimi is structured to investigate, analyze. and evaluate concur- rently all aspects of the Count' under a common or standard methodology. The prep- aration of the General Plan invoh es the process of planning and provides the oppot-tunity to broaden the base of citizen participation. revie%v. and understanding. The 1971 General Plan required five and ten year comprehensive revie-v�s and updates. The re%ie"s and updates are intended to maintain the dynamism and flexiblitty of the Creneral Plan and to accommodate major changes and trends that may occur Nvithin the County. The Count), initiated a re%,ie%N ofthe Land Use Pattern Allocation Guide Map in 1978 that lees to several changes to the map. Other changes included the addition of an Energy element and amendments to procedures for the comprehensive reviews and proposals for specific amendments to the General Plan. The first comprehensiN e ten-year review of the General Plan «as initiated h} the Plan- ning Department in the mid-1980's and completed with the adoption of Ordinance No. 89 142 bN the Hawaii County Council on November 14, 1989. This comprehensive re%ision program resulted in various reN inions to supporting data as «-ell as to the indi- yidual study elements and Land Use Pattern Allocation Ciuide and Facilities maps. 1.4 THE CURRENT GENERAL. PLAN COMPREHENSIVE REVIEW PRO- GRAM J-he planning process utilized for the current comprehensi-Ve revie« and revision of the General Plan included an assessment of the General Plan elements relatiN e to nevv da- ta_ lass. and methods of anal}sis. Each sutdy element «as then analyzed and evaluat- ed in relation to all other elements. County and district goals. and the land use pattern. Potentially, a change in one element could affect other elements as «ell as the land use pattern. SimilarlN, a change in County and district goals could potentiailN he reflected in all elements and in the land use pattern. The comprehensive re`•ie« of the General Plan gathered and assessed the data related to each element to identitj present conditions and problems and future possibilities. The studN elements utilized in the General Plan included the follo«in- Economic: Describes the human. capital, and natural resources used to produce goods and seri ices for consumption in local and oN erseas markets. Enert!y Describes the energy situation for the Colint-N and explains the iricentl�e for promoting zner"N conservation and the development or' indigenous energ}- resources including solar. \%ind. h\drologic. and geothermal. En\ironniental Qtialitx : Identities the tactors tLffeCting the 'island's environmental gttalitx and descrihes the precautions and safeguards necessary to maintain and im- 1-4 Hawaii County General Plan 3881 §1.4: The Current General Plan Comprehensive Review Program Z prove the quality of the en- ironnlent for the physical. psychological, and social Q being of residents and visitors. 0 C Flooding and Other Natural Hazards: Pertains to the conservation and protection of n life, inlprovernents. and natural resources from excess runoff'due to either man-made � improvements. natural causes, 0r inundation from tsunamis and hea11_' seas. Q Z Historic Sites: Identifies sites and buildings of historical and cultural importance. Natural Beaute: Identifies areas of unique natural beaut% that are a principle asset of the island, and encourages programs for their conservation. preservation. and integra- tion with other elements. Natural Resources and Shoreline: Describes the Valuable and often irreplaceable natu- ral assets of the island and encourages progranis for their proper management and pro- tection. Housingy: Addresses the: requirements for and the quantit?. qualitx, and distribution of 1101ISing ullitS in the County. This element also addresses critical ]lousing problerns of the C0Unt3'. Public Facilities: Pertains to the location and distribution of facilities for education. public safety. social, health services and other goyeminent operations. Public Utilities: Describes the distribution of poxver, light. and water, the collection and disposal of solid maste and seNvage. and the provision of other communication utilities that are essential to the efficient functioning of conlnlunitN . Recreation: Examines the requirements of the Count\ for active and passiVe outdoor acti3 ities, cultural events and pastimes. as well as attendant facilities and areas. Transportation: Describes the requirements for air and eater transport terminal facili- ties linking the ('oust} with the rest of the State and overseas areas. and the island's net\vork ofstreets. high%xays, and roads. Land Use: Studies the relationship of human activities to the uses of land and the loca- tion. spatial relationship, and topography. This element is subdivided into the tolloll- int designations according to uses: AgricultUral: Encompasses all hypes of atriCUltUl'al endeavors and specified ifl[IUtitrlal uses. residential and ancillary communit\ and public and accessoi-�, uses. Commercial: Comprised of industries in the retail trade and service catetories and certain 17011-noxious enterprises from other industrial classifications. Hawaii County General Plan -s 3882 §1.4: The Current General Plan Comprehensive Review Program Industrial: Includes uses that may not be compatible with commercial areas (Stich as manufacturing and processing, wholesaling. large storage and transportation facilities. power plants,and government basevards) as «ell as other industrial, manufacturing,or wholesalin« uses. Multiple Residential- Includes duplexes, apartments, town houses and similar types of residential structures and ancillar\ conuilunity and public uses. Omen Space: Includes conservation lands. forest and eater reserves. natural and scien- tific preserves, and potential natural hazard areas. Public lands: lncludes Federal. State. County. and University owned lands. Resort: Consists primarily of areas with basic amenities and attributes that attract de- Nelopments of\isitor acconiniodations and related facilities. Single-familv Residential: Consists of single-family detached houses and ancillary Wnimunitti and puhhc uses. Each study element has been di\ided into sections described below. Introduction and Anal-sis: Describes the element and summarizes findings, County- \vide characteristics and features, trends. changes. and problems, as «ell as the outlook and opportunities for the immediate and distant future. The analysis also addresses the element's interrelationships w ith other elements. Goals: Indicates the desired long-range directions and situations enunciated b% com- munitN groups, officiall\ expressed in the past or implied in governmental programs. ProNides a cohesive and comprehensi\e frarnevvork for the coordination of social and economic programs and governmental effort. Policies: States the methods or strategies that should be undertaken to attain the stated goals. These are action and program oriented and in\-ol\e the formulation of standard procedures. program e\aluation and re\iew•. rules and regulations. ordinances and 12-1Ws, budgeting, specific projects. etc. Standards: Concerned with qualitative and gUantitative criteria b\ \hick situations can be evaluated or benchmarks established. Standards are basically- "yardsticks" or indicators. minimum conditions or IeSels of•qualit\ necessary for the \yell-beinu ofthe public. Courses of Action: Marti study elements recluif-t a more precise and definitive discus- sion of community concerns and problems. These sections attempt to identi f\ specific alternatives on a comnuinM. district or regional hasis. 1-6 Hawaii County General Plan 3883 §1.5: County Profile Z As an aid to the understanding of the inter-relationship of the components of the Gen- eral Plan. the separate elements of the General Plan n1a) also be described as follows: 0 • The Introduction and the Economic eletnent describe the foundations and factors C that generate population and economic opportunities and growth th on the island of n Hay.-aii. • The F,nvironmental Quality. Enemy. Flooding and Other Natural Hazards, Historic 0 Z Sites. Natural Beauty. and the Natural Resources and Shoreline elements describe those natural and social Conditions that influence and set parameters for develop- ment opportunities on the island. • The Housing, Public Facilities. Public Utilities, Recreation, and Transportation ele- ments describe those services, facilities. and improvements necessary to accommo- date the groNNtll of population and support the econom)-. • The Land Use element describes the distribution, pattern. and location of the vari- ous activities addressed in the other elements of the General Plan. 1.5 COUNTY PROFILE The Count}, of HaNvaii encompasses the island of Hawaii. which is the Southeastern- most and largest island of the Ha4%aiian archipelago. The land area of the County is approximately twice the combined land area of all the other islands of the State. The island of HaNNaii has a diverse climate, topograph) and scenic beach'. Environ- ments include dense tropical forests: majestic sno�Ncapped mountains: active volca- noes; black. %Ahite. and green sand beaches; deeply eroded valle}s; and large expanses of grazing land. Each district provides a variety of settings for hinnan activity, land and resource utilization. or«ilderness areas ofminintal human intrusion. The County of fla�Naii has expanded into new fields of 1ndustr}- such as astronomy. high teclulology. rene4Nable energ}. health and N%ellness. agricultural and eco-tourism, dkersified agriculture and aquaculture. The Count}'s continuing support of research and development in these emerging fields will ensure a promising future for the is- land's econin) and its residents. Specific examples include the establishment of the Agricultural Research Center of the Pacific, conversion of the old sever treattlient plant near Puhi BaN in Hilo to an aquacuitttre taeilit} and the construction of an agri- cultural water system in Ka'u. The Count 's overall economic outlook retnalns mixed clot to the C'OLIMN'S depea- dence on the condition of the State's econoln. Since 1990. the States ecollonly has been ill a period of decline, While there are opportunities for expansion into nes% and existing industries. external factors such as the norld econonn may have an impact Olt the COLLnty S lutUN CM101-11N . . Hawaii County General Plan 1-7 3884 §1.7: Employment And Population Projections There is tremendous potential for expansion in other industries such as aquaculture. astronomy.renewable eneru)-. research and developinent. and special ev=ents such as cultural festivals and athletic events. 1.7 EMPLOYMENT AND POPULATION PROJECTIONS The County's General Pian is a polic}• document that sets forth the direction for future activities on the island of Ha\\aii for the next fe\\ decades. In order to plan for the fu- ture, it is neeessar� to understand both historical cued future trends related to the num- ber of residents and visitors to be served and the hinds of facilities and resources needed to fulfill their needs. In traditional public planning" efforts. entire plans have been based on the achievenient of the projected IeV els of population, In mane of these cases, where population nulrl- hers are goals, plans become obsolete when the projected number of residents is not achie\ecu or is surpassed. Thus. the population projections presented �\ithin the Gener- al Plan are not intended to he used as goals. Rather, this General Plan effort uses the projected leVels of population as a cilideline in land use planning. The projections rep- resent what could reasonabl}' be expected to occur in the future. The goals. policies. standards, and recommendations of this plan are intended to he flexible enough to ac- cominodate population levels helo« or above the projections stated in this section. Employment and population projections for the C'ount�' of Ila\�aii were developed throu�,,h the analysis of relationships bemeen economic activity, employment. and population. The analytical approach used entails the forecasting ofeniplo)ment in ha- sic industries and the relationship that changes in employment have upon population. Primary Income Generators are those industries that generate income from outside the County. TheN are assumed to be the foundation of the local economy and the key to the deVelopment of the island. Priniar} Income Generators include agriculture. tour- ism. the manufacturing of export products, and research and development. These Pri- marIncome Generators, in turn, "drive" the secondary industries, or those enterprises that service the Primary Income Generators or the local population and includes mholesaling, retailins, and services. The Primar} Income Generators determine the [01111-run pattern of population and income growth for the County Three sets of projections ,,%ere dei eloped for the cornprehensive re-iew program. Se- ries A. B, and C. The nna,jor variables in each of these projections «ere the rate of ,rowth of the visitor hidustr)•. the construction of the proposed State prison. the expan- sion of the University of lia«aii at Hilo. and the utilization ofa post-harvest treatment facility for export agricultural prockucts. It should he emphasized that the projections are not statements of goals. The population projections. and the strength of the corre- lation hemeen primas` economic generators and population gro\�th. must be ie«ed ith caution. The 1989 General Plan contained a similar set of economic and popula- 1-4z Hawaii County General Plan 3885 l §1.8: Population Distribution X 1.8 POPULATION DISTRIBUTION 0 From the estimates of the islandwide resident population, other estimates have been Q C made to project the distribution ot'population over the districts of the island. These are not intended to be included as population achievement levels for the districts, nor as -� firm statements or descriptions of future conditions. They are based on assumptions of Q potential employment gro,,vth rates described in the previous islandwide employment Z and population estimates. past district growth trends. and trends in the distribution of population on the island. Table 1-9. District Resident Population Distribution, Year 2020 A B C Puna 57,105 58,246 63,491 S Hilo 48,815 49,791 54,274 N Hilo 1,842 1,879 2,048 Hamakua 7.184 . 7 328 7,988 N. Kohala 11.053 11 273 12,289 S. Kohala 23,947 24,426 26,625 N.Kona 41,447 42,275 , 46.082 S Kona 13,816 14,092 15,361 Ka'u 8.243 8,408 9,165 Total 213,452 217,718 237,323 1-cxmomic -V,.wstimew. 11KF Mmaii, Jamnur.\ 2000 Hawaii County General Plan 1-17 3886 PUBLIC FACILITIES 10.1 OVERVIEW 10.1.1 Introduction And Analysis Public facilities are those service systems that are provided. staffed, and maintained by government to direct[y serve the residents of the C ountY, Public facilities include the Sys- tems of schools, libraries- fire stations, police stations, detention and correctional facili- ties, refuse disposal areas, harbors- and airfields. (Harbors and airfields are further described under the Transportation Element) These facilities are often located in larger towns or centrally situated areas that are in close proximity to the commercial, industrial and cultural activities of established communities. The majority of public facilities that Service the residents of this County are managed by the State and Countti. For example, the State operates the public school sv stern. Iibraries, and the public hospitals. The Corinty provides police and fire protection and solid waste disposal. Additionall\. both the State and County maintain administrative offices on the island to Serve the residents' needs. It is necessary to carefifll} coordinate the provision of public facilities in order to Ilse them most etfectivel� and to maximize the effect of the public dollar. It is equally necessar} to realize that the type. quality, capacity and location of facilities and services have a signifi- cant impact on the communit}. the people and the total ens ironment. 10.1.2 Goal (a) Encourage the provision of public faeilities that etlectively service community and visitor needs and seek ways of improving public service through better and more functional facilities in keeping. nith the environmental and aesthetic concerns of the comm unitV. 10.1.3 Policies (a) Continue to seek wa\s of imprOVing public ser\ice through the coordination of set-- \ice and maximizin�gr the use of personnel and facil ities. Hawaii County General Plan 10-1 3887 a §10.1.4: Standards (b) Coordinate «ith appropriate State agencies for the provision of public facilities to serve the needs of the community. (c) Develop short and long-range capital improvement programs and operating hud- Vts for public facilities and serN ices. (d) Develop and adopt an Impact Fees Ordinance. (e) Capital Improvemem and Operating hudgets shall reflect the goals and policies of the County General Plan. (f) Require a six-year, lon4g-term, capital improvements budget by County Depart- ments and agencies that steal l he reviewed for consistency with the General Plan. 10.1.4 Standards (a) Standards have been established in each of the four major groupings of public facilities. (b) The various public facilities have been categorized into education. protective ser- vices, health and sanitation, and government operations. (c) The follo«ing are set forth for the overall provision and maintenance of public facilities in the County. 10.2 EDUCATION 10.2.1 Introduction and Analysis There are 39 public schools in the County v6th a total enrollment of 27. 57 students from kindergarten tluough the 12th grade. The schools range in size from 169 stu- dents at Haaheo to 2.180 students at Waiakea High School. There are l7 licensed pri- vate regular education schools serving a total of 2,216 students from kindergarten through the 12th grade. The number of students from kindergarten through the 12th C, on the island. public and private school complexes combined, total 10.209 or ap- proximately 20 per cent of the total island population. In 1999. the Legislature of the State of HmNaii created a ne« educational i.nitiatiVe �N ith the passage of Act 62, SLH 1999 or "The Ne« Century Charter Schools" lave. Charter schools are more autonomous NNith greater flexibility in decision-making. Charter schools are excluded from many State laws. and department rules and regula- tion~. However. charter schools are public schools in that theN receiVe public funds. These schools must still meet all applicable federal, State and County requirements and are not exempt from collective bargaining. discriminator\ practice la\\s. health and safety laps and standards. and the implementation of the Hawaii content and per- formance standards. 10-2 Hawaii County General Plan 3888 §10.2.1: Introduction and Analysis MU C ID Each charter school is responsible fair selecting their m n sites. if a public school has r space available. a charter school may seek to enter into an arrangement with the De- n partment of Education for the use of a portion of the school's facilities. This la« a]- I [w,Ns up to 25 charter schools to be established state\N ide. Thus far,charter certificates D have been issued for tine schools. n r School complexes with limited enrollment have not always been able to maximize ed- � ucational opportunities in comparison \\ith the ability of larger facilities to provide a «eider scope of educational opportunities. Some older schools lack adequate parking m facilities and sufficient area for expansion and some hake infrastructure and traffic I problems. m C. The HaNvaii Library District is comprised of a regional lihrary in Hilo'. Six comnuinity C libraries in Honokaa, Kapaau. Holualoa, Kailua-Kona, Kealakekua. and Naalehu (part-time): and six joint community-school libraries in Keaau. Mountain View, Pa- hoa, Pahala. Laupahoehoe acid Waimea. Sire is described hN the number of Volumes 3 (books_ periodicals, etc.) and range froth 6,445 toluenes at HOlualoa to 208,065 vol- unies in Hilo. Some library facilities will require improvements as the deniand for learning and in- formation increases. More up-to-date facilities are also required in some areas. The University of Hang ait at Hilo (UHH), located in Hilo provides alternative lti,dter educational opportunities within the University of Hatlaii system through its variety Of high quality certificate, baccalaureate, and masters degree programs. The 1973 "University of Hawaii at Hilo Lon4t, Range Development Plan" was updated and revised in 1991 and again in 1996. The University of Hav�:aii at filo Long, Range Det elopment plan serves as a physical planning guide for the UHH campus. The Plan emphasizes the "spine" concept that organizes all campus structures along a main pe- destrian accessN%ay and assures that future development Xtould continue in relation to the Carious existing structures. as such. nett facilities tNould he developed towards Komohana Street. The University continues to lack adequate student and facultti housing. Hawaii C'otmnunit) College provides access to higher education, and workforce train- ing lar the entire County. The College offers an extensive program of certificate and associate degree programs in technical fields as %tell as the first Mo rears of a bacca- laureate degree, The College also offers an extensiNe program of short-term training program~ throughout the County. The Conlin Lill it) college serves the entire Count) with procram5 on site in the communities and utilizes distance education technologies, The Long Rance Det elopment Plan tur Ha\\aii C'oinmunitN College -,\as appro\ed b) the Board of Regents in 1996 and calls for the construction of a new campus in Hilo Hawaii County General Plan 10-3 3889 §10.2.2: Policies mauka ofKomohana Street. In West Hawaii. in addition to Havv°aii Community Col- lege programs. the college is responsible for the Uniwi-sity of Hawaii Center. through which it delivers baccalaureate and masters decree programs from other institutions in the University Center, The Lang Rance Development Plan for the West Hawaii campus of the University of Ha«aii \gas 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 of Hawaii Center at VVest 1-la��aii) to be located on a 33-acre portion of a 500-acre State-owned parcel in Kalaoa, North Kona. The proposed campus, which m- l accommodate approximately 1.500 students upon completion, will he 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. vhich 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- cation and the 11niversit� of Hawaii to ensure coordination �N-ith roads, water, and other support facilities and considerations such as traffic and safety. and access for vehicle, bicycle, and pedestrian. f;ncourage master planning of present and pro- posed public and private institutions. (q) Encourage combining schoolyards with county parks and allot school facilities for afterschool use by the conununit� for recreational. cultural.and other compati- ble uses. (c) Encourage joint community-school library- facilities. where a separate commUnity library tray 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 reel: alternate sites for public libraries located on the campuses of public schools. 10.2.3 Standards (a) in proposed communities. sufficient acreage shall he reserved for school facilities. Sites shall he tree from flooding and draimi-e problems. excessive slope rind shall incorporate appropriate Street and drivema� design and location to minimize traf- fic interference, pedestrian hazard. and enable safe and easy access for �ebicles. bicycles and pedestrians. 10-4 : Hawaii County General Plan 3E t 1 §10.2.4: Districts Ma TC W (b) State Department of Education's education specifications and standards for Xacili- r ties, n 11 10.2.4 Districts > n The follo\vinc is an examination and analysis of educational facilities bN districts. For r the purposes of this section. a complex refers to a high school and its associated feeder schools. Feeder schools are the eleinentar4 and intermediate (middle) schools that m send stridents to an associated Ilidh school. For instance, the Wainkea High School M con-iplex has Waiakea High School as its designated high school and Waiakea Inter- mediate, Waiakea\\aena Elementary, and Waiakea Elementary as its feeder schools. m CL 10.2,4,1 PUNA E4.2.4.1.1 Profile rt, Public school complexes in the Puna District are located in the communities of Keaau. Mt. Vie\ and Pahoa. The Keaau High School complex is comprised of Keaau High School. Keaau Middle School. Kea'al4 Elementary School, anti Mt. Vie\\ Elementary School, and serves a to- tal enrollment of 2.441 students. Existing complex Facilities are adequate to serve the current enrollment. Tlie ne\\ Keaau High School is being built in phases, As each phase is completed. the incoming class (i.e. freshman, sophomores. etc.) can be ac- cotnmodated. The Keaau FlementarN School is bein�,2 built in a similar fashion. -Thus. in a fe4\ years. the need to transport students from the Keaa>_i and Mt. Vie\\ area \\ill not be necessary. Currently, 1 1 th and 12th graders from Keaau commute to Waiakea High School in South Hilo. At this time, the first phase of Keaau 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 Elea-►entar\ School and ser\es 2,323 students from kindergarten throuth the 12th trade level. 1 he natural population gro\\th and in-migration into the subdi\isions in the area are contributing to the in- creased pressure on education facilities at the Pahoa complex_ In response to these gree\-til pressures, facilities have been expanded to accommodate the increased enroll- ment. Ho,�\ever. there is still overcro\\ding at the elementar- school. The Keaau. Mt. Vie\\ and Pahoa branch libraries are _joint conulwnitV-school facili- ties. The Keaau tacit it\ has -'13 32 valumes. The Pahoa and Mt. Vie\\ futilities house 343'05 volumes and 18345 VOILnWs. respecti\tk. Boll} Iibrar\ facilities are inade- gtiate in size to meet the needs of the students and cammunit}. Furthermore. the lack of adequate pedestrian access and packing at these facilities is an ongoing problem. Hawaii County General Plan 10-5 3891 §10.2.4.2: SOUTH HILO 10.2.4.1.2 Courses of Action (a) improve existing school complexes to meet the standards established by the State Department of Education. (b) School facilities should be made available to the coMfIlunity for recreation and other compatible uses during after school hours. (c) Encourage the Department of Education to plan and develop school facilities as the need arises. (d) Encourage improvements to pedestrian access between the village of Pahoa and the school and library facilities. 10.2.4.2 SOUTH HILO 10.2.4.2.1 Profile The public school complexes ill the South Hilo district includes two hitch schools, three intermediate and eight elernentaq schools. One of the intermediate schools is a combined elementary-intermediate facility serving the kindergarten through the eighth grade le\el. The school enrollment of South Hilo is about 10.339 students. The Hilo High School complex is comprised of Hilo High School, Kalanianaole Ele- mentary and Intermediate School_ Milo Intermediate School, DeSilva Elementary School, Haaheo Elementan School. Hilo Union Elementar} School, Queen Kapiolani Elementary School, Kaumana Elementary School- and Keaukaha Elementary School and serves about 3.576 students. The Vti alakea High School complex is comprised of' Waiakea High School, Waiakea Intermediate School. Waiakeawacna Elementary School. and Waiakea Elementary School and has an enrollment of 4.76► students. The tacility serves students from the Waiakea, Keaau and Mt. VieN\ intermediate schools. A new high school in Keaau opened in 1999. Upon completion of all phases. the nev, high school xN ill serve the students from the Keaau complex. The Waiakea intermediate School presently accommodates 6th grade stridents from the Waiakea Elementary and Waiakeawaena Elementary facilities to relie\e the over- cro\\ded student population. All three schools have an enrollment of 2.583 students. Traffic congestion occur in the area of the Waiakea High-intermediate-Elemental-\ School and the Hilo High-lnter4nediate-lJnion School-Haili Christitin (priNate) coin- plexes v here students commute to and from school mice daily at nearl} the Same time. '[lie areas surrounding some school complexes ha\e practically no side\\alks or curb separations for the students' case of access and safety, The regional tibrar). \\ith a collection of 208.065 Wlumes, is located in Hilo and is the administrative center fair all the branch libraries in Ha aU COUnt\ , Although con\e- 10-6 Hawaii County General Plan 3892 §10.2.4.2; SOUTH HILO C lli.ently located. it lacks a meeting room or auditorium to conduct cultural or similar r programs. n on The Unity ersity of HaN aii at Hilo complex has an enrollment count of ?.800 students. D The main or nlaLlka campus encompasses an area of approximately 115 Acres. HaNNaI1 n C'o111111Lill ltV College has an enrollment of 2.100 degree students and shares the cam- r pus. as «ell as the 21-acre makal campus, located approximatelN 1/4 mile aN%ay, The mauka campus has undergone expansion over the past ten % mears. The makai campus is g beinrenovated to accommodate some Ha%Naii C�0111111UIllty College programs until a m nets campus can be constructed. I m A recent addition to the maLlka Campus 1s the 163-acre University Park. located be- Q tN%ecn Komohana Street and the northern portion of the mauka campus. In addition to C l�niversio, Park. an additional 3231 acres directly mauka of the Park on the mauka side � of Konlohana Street is expected to be transferred to the Uni%ersit%- and %N ill he devel- oped to include a neNa campus for Hawaii Cotllnl1.1114N' Collelle. The Universit} also � owns an additional 33 acres across Kmili Street adjacent and abo\e Waiakea High School, These three properties are desi-nated for I iniversit% expansion. Ill addition. the University also uses 110 acres in PanaeN a for its agriculture program. "File I d\\in H. Mookini ]Jbrar�,. located on the main University campus, has a collec- tion of 180,000 bound volumes and other librarN materials. including periodicals, ne4\spapers, audiolvideo cassettes and microfilms, It has a capacity of 450.000 vol- umes and stud\ space for 800 students and faC'LIIt\ members. Tile library also houses a media pr(1dUCtlon Center. providing graphics and duplicatillU facilities as well as audio and television studios. 10.2.4.2.2 Courses of Action (a) Encourage the establishment of additional schools as the need arises. (b) Participate in the development of student and faculty housing for the university and other joint-use facilities. (c) Provide pedestrian «a]Ways to and around all school complexes. (d) Support the continued expansion or the University s\stem and the l'nlversit} of Flawaii at Hilo and 11m%al1 Conlnlunit% College campus and encourage the con- tinuinc education programs throughout the co111111unit\. 'bile transfer of State lands it) the lJlni%ersit\ should be actively pursued. (e) l::ncuurage continual i111pro\enlents to existing educational facilities. (f) Support aild encouraLe the strengthening of the Uni\ersitN of lkmaii at Hilo thrcnl&Ih the trarlsfel- of appropriate colleges anti departments from the IWNersit of HaN�aii at Manoa to the University of'Hawaii at Hila. Hawaii County General Plan 10-7 3893 §10.2.4.3: NORTH HILOIHAMAKUA (g) Encourage the implementation of existing State and University of Hav�'aii plans for the continued development of the "Research and Technology Park" on the campus of the University of Hawaii at Hilo. 10.2.4.3 NORTH HILOIHAMAKUA 10.2.4.3.1 Profile The Laupahoehoe High and Elementary School complex; serves 250 students from kindergarten through the 12th grade level. The existing facility is adequate. as enroll- ment has been relatively stable due to the aging of the districts population. The physical disadvantages of the Laupahoehoe School facility include the steep grade and narrow access from the highway. the lacy of adequate pedestrian NN-ANNays lead- ing to the school. and the abruptness of the road.junctions. The Honokaa High School Complex is comprised of Honokaa High School, Waimea Eleulentary and Intermediate School. Paauilo Elementary and Intermediate School, Honokaa Elernentary School. and Waikoloa Elementary School and serves 3.258 stu- dents from kindergarten througll the 12th grade level. Honokaa High School accom- modates Stildents from South Kohala as «ell as from the HamakUa district. A tratllc problem exists NN-1011n the Honokaa School complex due to a through-street bisecting the campus. Vehicular rind pedestrian problems also exist in Paauilo. The Laupahoehoe library is a .joint C011amwiity-school facidit� housing 20.277 vol- umes. The community facility in Honokaa has 16.705 volumes. 10.2.4.3.2 Courses of Action (North Hilo) (a) improve pedestrian and vehicular access to the Laupahoehoe and Hamaku School complexes. (b) Encourage continual Improvements to existing educational facilities. 10.2.4.3.3 Courses of Action (Hamakua) (a) Encourage continual improvements to existing educational Facilities. (b) Encourage traffie re-routinti to resoh e school traffic prok�lems. (c) Implement the Honokaa school campus master plan. (d) Encourage expansion ofthe present lihrar} facility and services. Hawaii County General Plan 3894 §10.2.4.4: NORTH AND SOUTH KOHALA C Do 10.2,4.4 NORTH AND SOUTH KOHALA r 3 10.2.4.4.1 Profile on The Kohala High and Elementary School complex is comprised of Kohala High and Intermediate School and Kohala Elementary School. The complex services all of n North Koha[a's 994 student enrollment. The existing facilities are sufficient for the IF district's needs. M The South Kohala district pubic school is located in Kairnea and accommodates an (� enrollment of 1.197 students from kindergarten through the Sth grade level. High � school students commute a distance of 16 miles to Honokaa. An additional eleinenta- Q ry school has been constructed and is in operation at Waikoloa. C n Department of Education is developing a master plan for Waimea School that provides C for a neNN elementary school, an expanded intermediate school. improved access and O parking areas. The Bond Memorial Library has a collection of 16,137 volurnes. The Parker Memori- al community-school librar%. located adjacent to Waimea school is the second lar-est I}ublic library on the island. The facility has a collection of 43,309 volumes. 111.2.4.4.2 Courses of Action (North Kohala) (a) Encourage the expansion of the public school and library facilities as needs arise. (b) Encourage the Hawaii State library System to establish a public library separate from the school facility. (c) Encourage continual improvements to existing educational facilities. 10.2.4.4.3 Courses of Action (South Kohala) (a) Encourage the expansion ofthe public school and library facilities as needs arise. (b) Encourage continual improvements to existing educational facilities. (c) Encourage the installation ofNNalk«ays to and around schools and street crossing facilities for pedestrian safet%. (d) EncMirage the development of State and pri%ate higher educationiil facilities in West HtINNan. (e) Support the development of an intermediate or middy: school in Waikoloa. (f) Encourage the Ha%%aii State 1_ibrarN System to establish a puhiic khrarN in Waikoloa. (g) Encourage the State Department of Education to explore the teasibilit% of estah- lishing a high school in the South Kohala district. Hawaii County General Plan 10-9 3895 §10.2.4.5: NORTH AND SOUTH KONA 10.2.4.5 NORTH AND SOUTH KONA 10.2.4.5.1 Profile The Kona public school system is comprised of the Kona«aena and Kealakehe High School complexes. The Konaxvaena High School complex includes Konav aena High School. Kona,.i gena Middle School. Kona«-aena Elementary School. Hookena Elementary School. and Honaimaii Elementary School and serves 2.882 students. Ho'okena Elementary/Intermediate and Honaimau Elementary/Intermediate kinder- garten to $th grade may he transferred to the Konawaena complex due to extremely lunrted program offerings as only about 364 students are presently enrolled. The con- struction of a ne%v Konam aena Elementary School was recently completed. The Kealakehe High School complex is comprised of Kealakehe High School. Kealakehe Intermediate School, Holualoa Elementary School. Kealakehe Elementary School. and Kahakai Elementary School. The Kealakehe High School complex serves 4.063 students. Kahakai Elementary School opened in 1992 to relieve the overcrowded enrollment at Kealakehe Elementary School. However. the Kealakehe High School complex con- tinues to experience student population growth problems. It has developed separate facilities for the kindergarten thrmigh 6th grade level and 7th through 8th grades. The nen Kealakehe High School \%ill sere grades nine through tweke. The Holualoa Librarv. located near the school. has a collection of 6.445 volumes: Kealakekua librarti has 28.467 Volumes and the Kailua-Kana branch library has 47,955 volumes. The Kailua-Kona library is inadequate in size to serve the needs of the area. The State is currently in the planning sta4ges for (lie University of Ilawaii Center at 'Kest fla%�aii (U[-ICWH). The neA University campus x0l initial[) he located on a 33- acre portion of a lamer 500-acre site on the mauka side of the Queen KaahLimanu Tlighway, directly mauka of the Kona International Airport at Keahole. ITpon comple- tion, the new campus is anticipated to accommodate 1.500 students. For administra- tive purposes, the will he assigned to the HaXiaii C'ommunit), College at Hilo. 10.2.4.5.2 Courses of Action (North Komi) (a) Encourage expansion of the Holualoa school complex to +neet school district needs. (b) Encourage the State Department ofEdL1Cat101l to add facilities as the need arises. 10-10; Hawaii County General Plan 3896 §10.2.4.& KA'U C M (c) Improve basic school facilities to nieet current standards. r (d) Encourage construction of a ne-w library facility to serve the Kailua-Keauhou area. n 10.2.4.5.3 Course of Action (South Kona) n (a) lmpro-e basic school facilities to meet current standards. 10.2.4.6 KA'U � M 10.2.4.6.1 Profile N i The Ka'u High School complex: is comprised of Kau High School. Pahala Elementary 00 School. and Naa[ehti F,lernentary and intermediate School. and serves a total enroll- 01 meat of 810 students from kindergarten through the 12th grade level. The m-erall F physical facilities at Naalehu quid Pahala are adequate to serve the district needs. n rr Pahala and Naalehu both have adequate library facilities. Pahala is a_joint conimunit�- C school lihrar} facilit} located within the school complex and houses a collection of 19.564 volumes. Naalehu's facility is located behind the local post office and houses a collection of 7,63 1 Volumes. 10.2.4.6.2 Courses of Action (a) Encourage continual iinprovernents to existing educational facilities. 111 (b) Encourage the State Department of Education to plan a K-8 School at Ocean V ietti. 10.3 PROTECTIVE SERVICES 10.3.1 Introduction and Description Protective services consist of fire. police, detention and correctional facilities. civil de- fense, the Coast Guard. and National Guard armories. Fire and Emergency Medical Services There are presently- 20 regular fire stations. 22 volunteer lire stations and 1 federal fire station located throughout the island. The Count% is proposing a fire station in the Kalaoa-Mauka area. The PollakUloa fire station is a federall} operated facilit}. The regular Fire stations prop ide 24 hour lire fitl1ting and emec•genq inedical serti-ices, The Waiakea and Kailua-lona stations provide rescue ser%ices. the Kauniana station pro%ides hazardous materials response and the South Kohala station provides air med- ical serti-ices. SUPP 1 (Ord- No 06-153) Hawaii County General Plan 3897 LAND USE 14.1 OVERVIEW 14.1.1 Introduction And Analysis The General Plan expresses both the integrated and specific concerns and problems as well as alternative solations and guidance regarding the use of County resources. Land use is one of the principal focal points of public concern and police. Tile other stud)' ele- ments ofthe General Plan, that depict the various aspects of'the County. directly involve land use in varying degrees. The land use element sets forth goals, policies. and standards to guide the location and density, and bvlilding intQnsltics of land uses in particular areas. Regional and/or Commu- nity Development Plans are intended to implement the broad goals within the General Plan on a regional basis. They sere to designate and coordinate detailed development patterns and infrastructure needs throughout the County. The Plans detail land use poli- cies and infrastructure priorities. transportation, recreation and other major land use poli- cies within each area, and must be developed -with participation by the aftiected cortununties and adopted by ordinance by the COLIIII) Council. The land use element is intended to be used as a policy guide for the coordinated gro«th and development of the Count\-. It seeks to ac coinmodate gro%\th «ithout congestion: to designate and preserve the lands needed for residential use, commercial and %isitorseriic- es, industry. agriculture. and open space; and coordinate these uses «ith the Count}'s ser- vice and circulation s�sterns. The total area of the island of Ha"aii is approxiivatel� 2.5 million acres or 4.028 square miles: 4.023) square miles of land and 4.4 square miles of inland eater. All of these lands are d'vided into approximately- 125,000 parcels. Previous General Plans The first General Plan for the County of lla«aii. adapted in 1965, «as a compilation of three separate documents: A flan for the Metropolitan Area of Hilo, A Plan for bona. and The Kohala-Hamakua Region General Ilan. The first Cieneral Plan provided for the gen- eral planning for all districts except Ka'u. Hawaii County General Plan 14-1 W Ad \ \ . .4W Educational Specifications (EDSPECS) For High Schools Department O Education, State of Hawaii December 2006 3899 O8PECS for High ohomls Table ofContents �^�&�U v�� Contents��� " ���.�� ��n `����~��~� Pages CoverPage.....................................................................................................................1 TableofContents...................................................................... .....................................1 -3 Acknowledgments..................................................................... ......................... ...... '|i Preface...... .................................... ................................................................................iii Chapter 1: Introduction Section 101 General.. -----------------------------.101'1 Section 102 Background........ ...... ............ ....................... ...................... ......1O2'1 Section 103 Description nfthe Educational Specifications................................1O3'1 Section 104 Format ofthe Educational Specifications...... ................................1O4'1 -2 Chapter 2: Planning Section 201 Planning Guidelines, Site Considerations, and Site Concepts for High Schools ................... ................... ................................-2U1-1 - 5 Section 202 Functional Relationships............. ............ ...............-.............. -.2O24 Section 203 The ChametteProcess Guide...................................... ...................2O3- '4 Section 204 Preparation for the Chonottm.......................... ......... - ...............2O4-1 Section 205 The Process Before and During the Charette................................205'1 -2 Section 206 9nocmmm ----------------------20S 1 - 5 Section 207 Program and Academic Support Elements and Design. ----'2U7-1 - 5 Chapter 3: Guidelines for Spaces Section 301 Explanation ufSection Format.... ............. ........................... --.301-1 -2 Instructional Spaces Section 302 General Classroom ........................................................................3O2-1 - 5 (Attachment 1) -Language Arts....... -....... -.......................... 1 (Attachment 2)-Mathematics.................................................... 1 -2 (Attachment 3)-Social Studies......... ............. .......................... 1 -2 (Attachment 4)-World Languages............................................. 1 Section 302A Breakout Room .............................................................................302A-1 '3 Section 303 Special Education Classroom.......... .............................................3U3-1 -7 Section 304 Natural Resources.................................................. --.......... ......3O4-1 -A Section 305 Art Education......... .......... - .................... ....................................3O§~1 - 11 Section 306 Business Education........... ............................. .............. ...............3C6'1 -8 Section 307 Dance and Theater............................................. .................... ......3O7-1 -4 Section 308 Family and Consumer Science......................................................3O8-1 - 13 Section 309 Industrial Arts ........................................ ........................................3OS'1 -24 Section310 Music..............................................................................................31Q-1 - 8 Section 311 Science.................................... ............... ............... ......................311-1 -6 Section 312 Co-Curricular Flex Space (Hold onImplementation ofthis component atthis time) ..............................................................312'1 -3 Section 313 Instructional Commons (Hold onimplementation ofthis component otthis time)........................................ ...... ...............313-1 -3 Section 314 Exterior Commons............................. ............................................314-1 ' 2 Section 315-34O (RESERVED) Table ofContents Pagel �K� �~� EDSPECS for High Schools Table of Contents Chapter 3: Guidelines for Spaces (Cont'd) Support Spaces Section 341 Administrative Center.....................................................................341-1 - 9 Section 341A Comprehensive Student Support System (CSSS)Space...........341A-1 -5 Section 3416 Receiving/Storage Room .............................................................3416-1 -2 Section 341 C Safety Office.................................................................................341 C-1 - 3 Section 341 D Student Services Coordinator/Educational Assistant (SSC/EA)Office........................................................................341 D-1 -3 Section 341 E Student Activities Space...............................................................341 E-1 -3 Section 342 Cafeteria/Food Service Center.......................................................342-1 - 18 Section 343 Custodial Service Center................................................................343-1 -3 Section 344 Library/information Resource Center.............................................344-1 - 8 Section 345 Computer Resource Center...........................................................345-1 -4 Section 346 Faculty Center_...................... ..........................346-1 -3 Section 347 Teacher Planning Center...............................................................347-1 - 3 Section 348 Storage Space................................................................................348-1 - 2 Section349 Toilets......................................................................................._...349-1 -3 Section 350 General Utility Closet.... ............... ........... .......... ...... ...... ............350-1 -3 Section 351 MechanicaVElectricallMedia-Communication Rooms....................351-1 -3 Section 352 Adult Education Center..........................................................352-1 - 5 Section 353-370 (RESERVED) Physical Education Section 371 PE Lockers and Showers................___........................................371-1 -7 Section 372 Athletic Lockers and Showers........................................................372-1 -5 Section 373 Gymnasium ........... .......... ...................... .................. ......___373-1 -6 Section 374 Outdoor PE/Athletic Facilities.........................................................374-1 -9 Chapter 4: Sustainable Design Criteria Section 401 Sustainable Design Criteria............................................................401-1 - 2 Chapter 5: Acoustic Design Criteria Section 501 Acoustic Criteria....................................___....... ............... ..........501-1 - 16 Chapter 6: Mechanical Design Criteria Section 601 Air Conditioning and Ventilation Systems......................................601-1 - 5 Section602 Plumbing.........................................................................................602-1 -4 Chapter 7: Electrical Design Criteria Section 701 Exterior Electrical Distribution Systems.........................................701-1 - 3 Section 702 Interior Electrical Distribution Systems...........................................702-1 -4 Chapter 8: Multi-Media Design Criteria Section 801 Multi-Media Systems__....................................................................801-1 -10 Section 802 Utilities............................................................................................802-1 -4 Section 803 Media System Conduit Identification..............................................803-1 -2 Section 804 Telecommunication Infrastructure..................................................804-1 - 4 Section 805 Cabling Specifications....................................................................805-1 -6 Section 806 Testing and Inspection...................................................................806-1 - 2 Chapter 9: Safety and Security Design Criteria Section 901 Safety and Security................. .....................................................901-1 - 2 Table of Contents Page 2 3901 EDSPECS for High Schools Table of Contents Chapter 10: Traffic, Bus, and Parking Design Criteria Section 1001 Traffic,.............................................................. ..............................1001-1 -3 Section 1002 Bus Safety......................................................................................1002-1 -2 Chapter 11: Landscape Design Criteria Section 1101 Planting and Irrigation System......--.............................................1101-1 -5 Chapter 12: Other Design Criteria Section 1201 Graphics and Signage....................................................................1201-1 -2 Section 1202 Master Key System—Implementation ...........................................1202-1 Appendices Appendix 1 High School Facilities Assessment and Development Schedule(PADS)with Design Enrollment of 1,000 Students......1 -41 Appendix 2 Glossary of DOE Acronyms...........................................................1 —17 Appendix 3 Educational Specifications DevelopmentlRevision 1 -3Process---------- -3 Appendix 4 Hawaii High Performance School Guidelines ................................1 -83 Appendix 5 Life Cycle Cost Calculations..........................................................1 -2 Appendix 6 Commissioning for Schools............................................................1 -2 Appendix 7 High Performance Hawaii Classroom Prototypes..........................1 - B Appendix 8 Typical Millwork Details..................................................................1 -8 Table of Contents Page 3 3902 EDSPECS for High Schools Acknowledgments The revised Educational Specifications and Standards for Facilities for the elementary, middlefintermediate and high school was formulated with the assistance and involvement of school, district, and State Department of Education staff members, staffs of the Department of Accounting and General Services, Planning and Economic Development, Budget and Finance, and professionals in the private sector. We thank the following participants for the invaluable knowledge and assistance in this effort along with all others who may have been inadvertently left out of the list below., Helen Gokan-DOEIDLTSSISystems Gerald Sake-Teacher, Moanalua High School Francine Grudzias-DOEIDLTSS Malia Melemai-RT-Hawaiian Immersion Carol J.Ching-DOE/Facilities Branch Studies Nick Nichols-DOE/Facilities Branch Russell Yamanouchi-ES/DLTSSICSAP Ken Kajihara-DOEIFaclities Branch Glenn Tatsuno-ESIDLTSS (Counseling) Brenda Lowrey-DOE/Facilities Branch Betsy Moneymaker--ESIDLTSS Clifford Yamanouchi-DOE, Network Amy Ng-ESIDLTSS Support Services Gracie Matsuo-ESIDLTSS Ralph Morita-DAGS Planning Branch Verna Chinn-DOEIDLTSS Kerry Koide-DOEIATWDLTSS Dee Helber-DOE/SSSB Ron Tome-DOEIDLTSS/Oasis Dwight Toyama--DOEIDLTSS(Athletics) Bob Golden-DOE/SSSB Gene Kaneshiro-DOEISchool Food Services K. Kim-DOE/Network Support Services George Okano-DOE/Transportation Lester Chuck-DOE/Facilities Branch Dan Yahata-DOEIDLTSS Carey lsobe-Dags Planning Branch Bert Yamamoto-DOE/OMS Puanani Wilhelm-DOE/Hawaiian Studies Russell Mau-Hawaii Sound Systems Debra Farmer-DOE/Special Education Bob Henniger-Hawaii Sound Systems Mike Fahey-DOE/Special Education Don Smith-Alert Alarm of Hawaii Mel Seo-DOE/Safety Doug Schlief-Alert Alarm of Hawaii Rodney Goo-DOEISafety Henry Lott--Alert Alarm of Hawaii Annette Nishikawa-Principal, Kapolei Middle School William Baum-The Audio Visual Co. Al Nagasako-Principal, Kapolei High School Ainsley Mahikou-The Audio Visual Co. Sylvia Lee-Vice Principal, Keau High School Patrick Lee-the Audio Visual Co. Jaqueline Heupel-Moanalua High School Karl Yoshida-DOE/RM Bob Eggerston-Moanaloa High School Larry Gaddis-DOE/NSSB Caroline Wong--DOE/Student Support Services Bernie Asakura-DOEINSSB Diana Oshiro--DOEIDLTS Les Goto-DOEINSSB Diane Matsuoka-Principal,Waikele Elementary Ron Sodetani-DOEINSSB School Lance Mitsuda-DOE/NSSS Dale Castro-Vice Principal,Waikele Elementary Daijo Kaneshiro-DOE/School Library Services School Vickie Kajioka-DOE/Systems Anita Bruce-DOE/NSSB Mike Miyamura-Principal, Kapolei Elementary Neil Tomita-DOE/SRB School Mary Sobelski-DOE/SRB Stanley Kayatani-DOE/Kalihi Kai Lana Mito-DOE/SRB(Student Activities) Kevin Boggs-DOE/Dole Middle School Michael Barras-DOE/SRB(Voc Ed) Keith Tomishima--DOE/OMS Valerie Kurizaki-Teacher, Kapolei Middle School Daniel Hamada-DOE/Kauai District Kathy Nishimura-DOE/SRB(Math) Superintendent Athony Calabrese-DOE/SRB(Voc Ed) Maggie Cox-Principal, Chiefess Kamakahelei Andres Libed-DOEISRBIDLTSS(Music) Middle School Stephen Kow-DOEISRBIDLTSS(Computer Lucretia Leong-DOErrSSILibrary Education) Darryl Galera-Principal, Moanalua High School Aileen Hokama-DOE Ray Minami-DOE/Facilites Branch Justin Mew--DOE(Science) Jerry Nishida-DAGSIProject Management Anthony Chun-DOE/Leeward SRB Branch Randall Higa-DOE/Safety Allan Yamanoha-DAGSIProject Management Debbie Hateda-Vice Principal, Kapolei High School Branch Stanley Seki-DOEILeeward District Paul Kodama-DOE/Teleschool Gillian Hong-DOE/Teleschool Acknowledgements 3903 EQSPECS for High Schools Preface .We Shape Our Schools and Thereafter, They Shape Us." —Winston Churchill No building type has undergone greater change, in recent years, than the schoolhouse. These changes in the building are, for the most part, the symptoms of changing trends in student learning, 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. These educational specifications have been developed to permit teachers, staff, students and the community an opportunity to experience a 21$` century state of the art educational program within a 219'century facility. Preface iii 3904 i Chapter 1 Introduction 3905 EDSPECS for High Schools Chapter 1: Introduction Chapter 1: Introduction Section 101 - General `The Educational Specifications and Standards for Facilities" shall control and provide the basic guidelines in the acquisition and development of school sites and in the master planning, designing and construction of facilities for all public schools in the State of Hawai'i.' This document, referred to as the EDSPECS, was developed to meet the need for a comprehensive guide for consultants, the Department of Education (DOE), the community, other government agencies, and the public in the design and planning of new schools and additions to existing schools. The EDSPECS are divided into three volumes, for use at each of the three educational levels: elementary, middlelintermediate and high. Although much of the information for school design is the same across levels, the volumes are meant to be used independently. Each volume is categorized into various chapters which provide the appropriate design criteria for a school. To the extent possible, non-technical language is used throughout the guide so that it can be easily understood by all stakeholders: educators, community leaders, parents and students, as well as technical experts in school facilities. A glossary is also included for the many acronyms frequently used within the DOE (see Appendix 2 —Glossary of DOE Acronyms). END OF SECTION 101 ' Board of Education Policy 6700: Facilities Standards General Section 101-1 3906 EDSPECS for High Schools Chapter 1: Introduction Section 403 — Description of the Educational Specifications The EDSPECS is a guide for the planning of school facilities that takes into account a collection of objectives relating to the needs of the community, educational goals, policies, processes, and statements of various support programs_ In order for a school to meet the needs of a community, questions have to be answered during the initial programming phase. The EDSPECS provides a framework with a process and format for planners to collect and analyze pertinent information such as teaching styles and student learning styles, before moving on to technical facility requirements. This participatory process provides the means of involving educators and the community in acquiring greater knowledge of how everyone uses their facilities, in becoming better informed about the successes taking place in their schools, and instilling a sense of pride and ownership in their school. This document provides the basic data and information essential for a clear understanding of how the physical plant should support instructional objectives. The EDSPECS are intended to be used as a guide when designing and building new schools. When renovating older schools, the EDSPECS shall be used a reference and followed where economically, structurally, and instructionally feasible. In addition to the EDSPECS, all applicable codes and regulations must be followed in the construction of school facilities. These include, but are not limited to: applicable local and State building codes, fire safety requirements, and Americans with Disabilities Act Architectural Guidelines (ADAAG). In many cases, due to outcomes of the design charette process, there will be variances to the standards set forth within this document. Documentation of the decisions made during the participatory charette process is essential. See Section 203 for the Charette Process Guide. When considering formal changes to the EDSPECS, refer to the procedures outlined in Appendix 3—Educational Specifications Development[Revision Process. END OF SECTION 103 Description of the Educational Specifications Section 103-1 3907 EDSPECS for HighSchools _ _ Chapter 2: Planning Chapter 2: Planning Section 201 — Planning Guidelines, Site Considerations, and Site Concepts for High Schools 201.9 Planning of New Schools Scope, 'timing, Notification: Plans for a new school will show the geographical area to be seared,the proposed grade structure,the projected opening date, and the design enrollment. 201.2 Enrollment Guidelines for Planning New Schools Tyne of School Minimum Enrollment Elementary 550 Middle/Intermediate 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 Middlelintermediate School 18 acres High School 50 acnes 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. t 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 pbblic 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. Planning Guidelines, Site Considerations, Section 201-1 and Site Concepts for High Schools 3908 ' it 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 Service r (�AAddress Where Served: Type of Document erved Date of Services: r s �Q_ f-ji 1, 0 C 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 tnDateme of Service and the Address listed above. Si afore: i, A /lr(,- 4 Print Name of Server Acknowledgement of Hearings Officer Sandra Song $,, 3909 IGINAL 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: ff Signature of Party Serviced: r Address Where Served: Type of Document Served r �, (E 7 Z Date of Services: ^----- r 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 Dat ime of Service and the Address listed above. Si ature. Print Name of Server ��II Acknowledgement of Hearings Officer Sandra Song 3910 Testimony of Pauline Ke'ala Lee Loy, 10/22, 2013 My name is Pauline Ke'ala Lee Loy, I am a resident of 1579 Mele Manu Street where we have resided for 17 years. I have worked as a teacher and admininstrator in both public and private schools for the last thirty-four years. First and foremost I commend Mr. Thatcher as a school leader and pioneer of non-traditional education. The accolades of both his staff and students are representative of his visionary dedication to education. There is absolutely no question about the quality of education that the school offers the island community. I am in opposition of the location of Connections Public Charter School to Edita Street because of the imminent traffic disasters. Edita Street off of Kaomana Drive which leads to Mele Manu Street simply cannot accomodate the volume of traffic that the proposed development will bring. The opening of the Pu'ainako Street pathway from the Saddle Road to Komohana has certainly alleviated some of the heavy traffic patterns on Kaumana Drive for those heading to West Hawaii, however, a project or program of this magnitude will restore this traffic. If such a project, any project would be approved at this Edita site, a third lane turn off and traffic light would need to be installed to prevent deadly accidents. The proposed project has simply selected the wrong site for its vision. What is alarming is that the school already invested much of its resources in preparing the site for its use even before all legal matters have been settled. It is a poor display of doing the right thing at the right time for the right reasons. Transparency and accountability is of utmost importance for any institution, public institutions particularly. Thank you. Pauline Ke'ala Lee Loy 1579 Mele Manu St. Hilo, Hawaii 96720 f .Wil ' ,. by 3911 PETITION FOR STANDING I_N;A_CONTESTED CASE HEARING rp (Page i of 2) .7 NAME,: V�C� ADDRESS: 5?Z, c M0knw4- S+, 14;. o ulzGi PHONE NO..- MO—S) _ APPLICANTICANKft tCOKS Nei C&. rte^ CCZ£g.S) DOCKET NO.- — 66013S1 A, Is your interest in this matter clearly distinguishable from that of the general public? Yes. No If the answer is "yes", please explain: Re - 'k �ne�( at ia(a.vit'S of TerGncc �a5ni`d If the answer is "no", please explain ltow 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 Y _ If the answer is "yes", please explain the nature of the agency`s jurisdiction: C. Do you lawf illy reside on or have some property interest in the land involved in the subject request? Yes No h If the answer is "Yes", please explain: Appendix A � ! sJR 088376 3912 PETITION FOR STANDING INA CONTESTED CASE HEARING (Page 2 of i) D. Are you a person or persons descended from native Hawaiians who inhabited the Hawaiian Islands prior to 1778, who practiced those nights wl-kh were customarily and traditionally exercised for subsistence, cultural. or religious purposes? Yes No If the answer is "yes", please submit any genealogical evidence and historical evidence showing the exercise of Mose rights to support your statement: Petifdner's Signature STATE OF HAWAII ) SS_ COUNTY OF HAWAII ) a� f� On this�day of D�y� 20L3, before nye personally appeared --,1A*"C0— A—W." to nye known to be the person described in and who executed s the foregoing instrument, and acknowledged that he executed the same as his free act and deed. Nota Public, State of Hawaii My commission expires: AI)Inndix A 391 TERENCE YOSHIOKA 1572 Mete Manu Street r Hilo, Hawaii 96720 F 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: I. That I am an adult and a resident at 1572 Mete Manu Street, Hilo, Hawaii 96720; 1 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 © 1 88 7 , 3914 this Special Permit process is located on land which is situated in park 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. 11. 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 3915 -, 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, TERENCE YO IOKA Subscribed and sworn/oto before me this.3/ 3 day of CSC f i(/0'`—,201 . No Public, State of Hawaii My commission expires: /U Doc, Date: /Q L orEJ Undated at time of notarization # Pages: 3 Name of Notary Third Circuit Document Description: Affidavit of Terence Yoshioka o ry Signature Date NOTARY CERTIFICATION (Seal or Stamp} �J 3 3916 71 JEFF GOMES 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 Irnterven.e, 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 (CBESS) FRIENDS OF CONNECTIONS; 4. That 1 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 0 81 8 / V 3917 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. JEFfUGOMEr Subscribed and sworn to before me this_qL day of Pr12013. W,4 ,4 Neta,y Public, State of Hawaii 7 _ My commission expires:.� ''I= �` ✓1 Doc. Date: or ❑ Undated at time of notarization #Pages: 2 Name of Notary: ,f Third Circuit Document Description: Affidavit of Jeff Gomes Notary Signature Date NOTARY CERTIFICATION (S(Saal or Si�imp) 2 3918 - 1 co CO ce —^ G N �-- Oct i Ir i I Sm Oir Q¢ �-- Q D ca s' I rl - i I � - ru ir �• w I ru Q lUj F H Z '� O Qco a a CD , Ua µ1 'a T - w 1",Y'SH io Ln 3919 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 APPLICANT CBESS' MEMORANDUM IN CONNECTION NEW CENTURY PUBLIC ) OPPOSITION TO PETITION FOR CHARTER SCHOOL AND COMMUNITY ) STANDING IN A CONTESTED CASE BASED EDUCATION SUPPORT ) HEARING FILED ON NOVEMBER 4, 2013; SERVICES ) DECLARATION OF TED H. S. HONG; } EXHIBITS "l," - "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: -088483 - 3920 I. 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. H. FAQ 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 3921 ' 1 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 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 15`n SELF: Okay. And in that notice, were they given a deadline for when thy had to submit the application by? ARAI: 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 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. 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! 3 3922 Sid. See, Exhibit"2,"at 03. On October 12, 2013, Mr. Yoshioka received an email from his client, "Sid nuke" 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, l 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 [sic] Yoshioka will assist Jeff with his questions. (Emphasis added) See, Exhibit"2,"at 04,attached hereto. III. 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 3923 4-1 Purpose 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 procedmre shall be used in all cases where the action of the Commission is the final action of a County official or agency.prior to the opportunity for appeal to Circuit Court, whenever 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 25-24 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 statethat you have a right to file a written request 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 3924 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: 1) 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, Hawal'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) Notice of Opportunity to Intervene. 6 3925 mow•. 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 him the opportunity to intervene and instead decided to act as "shadow" legal counsel for Mr. Gomes. See, Exhibit"2," at 04 and 08. Q Filing 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. Yoshioka's Petition is Untimed. 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 01. 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 3926 his clients, including Mr. Gomes. Mr. Yoshioka's request is untimely. 4 Hearinas 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. M Applicant is Unfairly Prejudiced 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. 1n United States v. Thoreen, 653 F.2d 1332 (9" Cir. 1981), the court noted that attorneys are "officers of the court" and "must `preserve and promote the efficient operation of our system 8 3927 of justice."' (citations omitted)Ld.-,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. Games. 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 3928 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, Mr. Yoshioka's Affidavit, paragraphs 6, 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; (2) 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 Commentary 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 knowledge, while an advocate is expected to explain and comment on evidence given by others. 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 3929 written by the Nakamoto, Okamoto & Yamamoto law firm. See, Planning Commission Record at 1317-1329 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. Fuke, Ms. Novak, and others, including himself. The Rules of Professional Conduct also prohibit the Nakamoto, 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. 1V. 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: (1) 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 3930 unauthorized practice of law; (3) That the law firm of Nakamoto, Okamoto & Yamamoto,be directed to either enter an appearance on behalf of Mr. Comes 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 (CBESS) 12 3931 ` _vlyl dJ'`ii 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. 12-000138 ) NON-HEARING MOTION: DATE: November 8,2013 TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) DECLARATION OF TED H. S. HONG STATE OF HAWAII ) SS. COUNTY OF HAWAII } 1, TED H. S. HONG, declare that: 1. 1 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 "l," is a true and accurate copy of a letter dated February 15, 2013, addressed to my office from the Planning Department, County of Hawaii and 1 3932 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, 2138-2139. b. 1 declare under penalty of perjury that the foregoing is true and correct. Executed in Hilo, Hawai'i, on November 8, 2013. -- ED H. HONG 2 3933 William P.Kenoi ��p;'":iL,'� '�!' BJ Laithead Todd qyo R• � Margaret K.Mumaga Deputy West ffiW3N DgCe' %st Hawaii Oface 74-5044 Me Keohokalole Hwy101 Pauahi Simi,Suite 3 Kailua-Kona,Hawai`i96740 County of Hawaili 161o,HawaN96720 Phone(809)323.4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(809)961-8742 February 15,2013 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. Motais and Mr,Hong: Special Permit Application(SPP 12-400138) Applicant: Comec,Lions New Century Public Chanter School and Community Based Education Support Services Request: To Develop a K to 12 Charter School Campus with Dorm Paoilities, Intergenerational Programs,a Sustainable Agrsuvlturo urogram and a Forestry/Conservation Progtam Tax Mw Key: 2-5-006141 The continued bearing on the above special permit,among others,is scheduled for 9:30 a.m. on Tbu sday,March 7,2013, in the County of HawaN Aupuni Center Conference Room, 101 Paushi Street,Hilo,Hawaii. Your presence or the prince 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 yo-ur infolmWon. The Planning Depatment will be notifying surmunding property owners of the continued hearing that will also provide an opportunity to bda vewe as a party to a congested case heariag before the Plama g Commission in wmdaace witb Planning Commission Rule No.4 regarding Contested Case Procedure. Should you have any questions regarding the above,please do not hesitate to contact JeffDamow of this department at 961-8288,ext.8159. SSnoerely, ea Ad LEI EAD TODD Planning Director Att. cc: Connections New Century Public Charter School & C13ESS Amy Selfe, Esq. FES 15 2013 i;it-iS.rnC'P11LM447!•lasn Huwai'iC7unNisusfEqual OpparturitryProvrderrnidFmpl0yer nlaiti>iraitr.+.l K�ii_1 .uOC 395 EXHIBIT 1 'Sid F'uke' <sid-°.JkeChav:aiiantei.-iet> FW; Connections Contested Case ;.9 October 2, 2013 8:47.03 AM HST Tn "Terence Yoshioka" <tyoshioka5@hawaii.rr.com> Hope this works. Thanks! From: Sid Fuke ni it4_s1dfU�rt2ahoWa: Sent: Tuesday, October 01, 2013 1:33 PM To. Terence Yoshioka (tkvoshioka�hawaiiantelnet) Cc. '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. I cannot, as I will be in Japan and returning on the 23rd. Please let me know and if so, I can fill you in on some of the matters. Thanks! Sid 3937 FXHIRIT7 n1 "Std Fake' <sidfukeChatv%a�ilantel,ne5 FW: Connections New Century PCS; SPP-12-000138 Ca October 4, 2013 7:55:50 AM HST To: "Terence Yoshioka" ctyoshioka5@hawaii.rr,com> 2 Attachments, 141 KB FYI. From: Kualii, Jennifer [maiito:JKUALIILIco.hawaii.ni.usl Sent: Thursday, October 03, 2013 1:42 PM To: -!�arid[a,song ahawaiiantei.net; Carter-K.Siu(ahawaii,00v; ted attihoLcriaw.corn; darai aco.hawai+.hi_us; Darrow, Jeff; kalarli gmey c.ha.A:aiiantei.net; siofuke ilhawaiiantei.net Cc: Self, Amy; sue.=honcIl *,corn; kanaav aca.haxa��.��i.rrs Subject: Connections New Century PCS; SPP-12-000138 Good Afternoon All: Please find attachedthe County of Hawaii Planning Department's List of Witness and List of Exhibits forthe above matter, Should you have any questions, please contact our office. Thank you. Jennifer Ierrifer M Klialii ;.eon! T erhricinr to and Noralynne K, Pingo Deputies Corporattor Counsel vfrice or ,ne Colmorat,cr -.o�rse� 333 KTlauea Avenue, 2rd Floor Wo, HI 96724 I-ax Nc. ,JsB} x;61-862? iEc r y r:w 3938 r-YuIRrr') n) 'Sid Fuke' <sidtuke�hawa;iantel.net> FW: Connections - Presentation Outline Dste: October 2. 2013 6:48;29 AM HST Tse: "Terence Yoshioka" <tyoshioka5@hawaii.rr.com> 4 1 Attachment, 32.1 KB FYI. From: Sid Fuke [mailto:sidfu .eahawaiiantel.net] Sent: Monday, September 02, 2013 12:43 PM To: 'Jeff Gomes' Subject: FW: Connections - Presentation Outline Trying again—this is in word format. Let me know. From: Sid Fuke fTaiiFo:sidfuke; `gw.-4iiaritel.nel] Sent: Monday, September 02, 2013 10:03 AM To: 'Jeff Gomes' Cc: 'Layne Novak' Subject: Connections - Presentation Outline Jeff: 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 NOTto 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 tNs later Take care! Sid 3939 CVUIDIT') nD Layne Novak <noconnect�onsGl.,rer�,gmai� cor"> 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 . FXHIRIT,) nA 3940 Let me know if you'd like to add anything else. Aloha, Layne 3941 PYWIRIT7 nV% Layne Novak, <noconnectio -,se ,rer��gmail com.> Contested Case Hearing tato: July 25, 2013 3:17.49 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. I need to know ASAP and forward this information to Jeff so he can provide Planning with the approximate number of people. Thanks, Layne FXHIRIT7 (If 3942 "Sid Fuke" <sia'uke T-:�havavian±e, nets FW: Connections New Century PCS; SPP-12-000138 Date: October 4, 2013 7:55:50 AM HST To: "Terence Yoshioka" <tyoshioka5Chawaii_rr.com> 2 Attachments, 141 KB FYI. From: Koalii, Jennifer maiito:jKUALttaico.hawaii.ni.0 Sent: Thursday, October 03, 2013 1;42 PM T'o: Li h w Uant I.n ; Carter,K.Siu(a)hawaki,aov; ted1&tedhonalavJ.com; darakEEco.hawaii.hi.us; Darrow, Jeff; kalaniaornes,ahalvaiiantel.net, sicifukEELhawaiiartel.net Cc: Self, Amy; suea> h k is ji; kancrav 4co.nf�v.aii.h�.:rs Subject: Connections New Century PCS; SPP-12-000138 Good Afternoon All: Please find attached the County of Hawaii Planning Department's List of Witness and List of Exhibits forthe above matter. Should you have any questions, please contact our office. Thank you, Jennifer Ter:rifer M. K�lalii Legal Tac7ricir3r to lot L.11L[rf / wl tall a4. ., v. v�• and Noraiynne K. Pinao Deputies Corporatfor, Coursei %)ff ice of Tne CorGoraTicr 333 Kilauea Avenue, 2nd Floor Hilo, HI 96720 Tel. ; Jo. '8081) 961-82 1 Fux dQ8) 961-8622 FXHIRIT') n7 3943 "Sid Flake" <sidfukp�9)ha,.va ante net> RE: Subpoenas ,nt� . October 12, 2013 8.06.52 PM HST T6: "'Layne Novak"' <noconnectionsever@gmail.com> _ . "Terence Yoshioka" <tyoshioka5@hawaii.rr.com>, "'jell gomes"' <kalanigomes@ hawaiiantel.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 commun,ty 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 w�triess list, he may ask the hearings officer to h;3vp them exclL.ded fyorr. 1h?` .vat t';,,e s!: ),?ort for fefl if so I hope 1-hp he3rin17s offlrer seesthrouzghthat. b I have already asked Terence to assist Jeff, and 1 think he is prenared to do so. Terence has a neve email address and I am ccpying hini on this email Take care: Sid From; Layne Novak Sent: Friday, October 11,2013 12:17 QM To: Sidney Fuke Subject: Subpoenas E ii Sicir�z�. June: Sakamoto and hieMri and Jan Yokota got their subpoenas yesterday I-heti are getting anxious about this and asked if you can gine thein any information regarding what to expect. They are worried about N4hat Ted %vi l l ask of their. :Alen and f harw not reLel%ed our subpoena,, � t but since they received tfieirs. l guess N�e'll be getting ours shortk I will not lie testhhing. i hope, as I %tikl be leaping for the mainland on Monday. to ? 1. albeit in the evening By the ww,, my ernails to ]errance halve been haunting Could �ou ask Verrance if he could help Jeff�klth his line of quesuoning" As tar as f know-, Jeffhas not sent out his subpoenas to Judge Song yet ,o I'll be pinging again today about getting this done FXHIRIT7 nR 3944 r FXHIRiT7 n4 3945 r "Silo stake" <s.dflGke wha,r,a. antei net> RE. Subpoenas October 12, 2013 8:06:52 PM HST TO "'Layne Novak"' <noconnectionsever@gmail.com> "Terence Yoshioka" <tyoshioka5@hawaii.rr.com>, "'Jeff gomes"' <kalanigomes @ hawai iantel.nets W, 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 t 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 ha'_'? t�em excl�.,ded from the i-.=a-Tng, 0-t :,vay cripp!in?the SUpport for Jeff. 'f s,:+ i hope the hearir s officer;eesthrcugh that. b. 1 have already asked Terence tc assist Jeff, and I think he is prepared to do so. Terence ha, a new email address and I am ccGying hire on this email Take care: Sid From: Layne Novak Sent: Friday, October 11, 2413 12.17 PM To: Sidney Fuke Subject: Subpoenas }{i Sidney. Jure 5akamoto and Mel%in and Jan Yokota got their subpoenas %esterda). -1hoN are getting anxious about this and asked if you can give there any information regarding what to expect They are worried about what 1'ed will ask of them ellen and I ha,,e not received our subpoenas Set but since the% received theirs. # guess ti�e']l bC getting ours short)y 1 1011 not be testifying, I hope, a:; . ��ill be lce%ing for the mainland on Monda%. ill ?1, albeit in the e+ening.. By the %vay. my emails to lerranoe have been bouncing Could you ask -Terrance if he could help Jeffti,tiEh his line of questioning" As far as 1 know. ,Teff has not sent out his subpoenas to Judge Sung yet so I'll he pinging again today about getting this done FXHIRIT7 1f) 3946 AMA f nan s PYWIRIT7 11 3947 �l � � i s° colt-N LYOF IiAll.41'I 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 am. in the County of Hawaii, Aupuni Center Conference Roorri, 10; Pauahi Street, Hilo, Hawaii, with Chairman Dean Au presiding. COMMISSIONERS PRESENT: Dean Au, Ronald Gonzales, Wallace Ishibashi, and Raylerte Moses STAFF PRESENT: Ivan Torigoe(Deputy Corporation Co).insel), B. J, L,eithead Todd (Planri ng Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), Mai a Cott:e(Staff Plarmer), Jeff Da«ow (Staff Planner), and SharonNomura(Secretary) And approximately 35 people From the public it attendance ABSENT AND EXCUSED: Stephen Ono APPLICANT- CONNEC' O Stil=e CEN11 URY PUBL."C CHARTER SCHOOL CBBSS (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 Iocated on both the southwest and northeast sides of Rdita Street near its intersection with Kaumana Drive and adjoining the Pacific Plantation Subdivision in Kaftmana, South Hilo, Hawaii, TMK: 2-5-006:141. Ali: Okay, applicant number three CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOI,/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 Dere. GONZAI_ES: Sorry. I was outside. A'.,'- Kat I'd ?ike to dL} is 1'd like to entertain a motion Cc* an executive session prior to gest r7g started,„ust to get o-,ir Commissioners up tt, speed. Certain things have Transpired since the :as”. meeting; and, may''ce, Cot-poiatio:: Co-.:,nse: ca: explain. 1 iR100L. Yes 5o, hili Cham-nan, the purpose of thi.� executive sess;on%vould beto consul, w, me and to get lega. counsel regarding this application. Is that correct? AU- Y"es, t:rat's correct. Seg ready to entertai a motion? EXHIBIT 3 213C3949 .'�� t'iwa�e ._,_.- �t,' li?�'7; 1:��� t'1'.�C� .C�'.: �S'•.d� hefl�re `r �. �:�.. 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. 1 reside in Hilo. AU; Okay, has our Planning Director's position changed on t':Iis application' LRITHEAD TODD: No, it has not. AU. Okay. Do you guys have any com-nents 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 coiwse,notice has to go out to t",e neighbors withhi the t'..:,... ,e;: �<<,, t, — .r -. ..,..-. i don't believe that has been addressed_ I don't think they've been given an oppot-tun,"y to intervere. TORiGOE Mr. Cha:moan'l AL' G-) a'iead, ,,an- 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 I5, 2013. SELF: But the decision for a contested ease hasn't even been trade 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, l understand that the notice,they basically informed people that they had the right to file€or a contested case and included the usual €orm. Maybe staff can confirm that. SELF- Well, you know, they would be intervenors, yes, okay. They would be-. AU- Mr. Arai'? ARAi BeLause of the r�rcerns; regarding prooeLrai concerns thrall were raised, as par: of uz narrnzl notif;cat:on tc s;.srounding property owners regarding the upcornsng, today's meeting, we ?t^el-,ded in that r Mice an opportunity for everyone. for the puhi-c to rle for ir!terventinn in a Lc tested case proceeding Along w1th that notice was the actual petition drat was in;.'Mded �,n the meeting notice. So as part of advertising today's meeting, we did include :he opportunity for intervemirm; and tha- letter was marled ou` OF-",c Planning Department nn February l 5ih 9 EXHIBIT 3 213,- 3950 C, .'r t 1-:e- a -:e''app :.,_-.;Orgy ARAI: Pursuant to Rule d, 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 l8 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 Carnacho, Jan Yokota, June Sakamoto, Les Sakarnoto, Glenn Tana, Ming Peng, Aileen Fuke, Jeff Gomes, Sidney Fuke, Jeff Goines, Lorrin Araujo, Margaret Araujo,Fay Sakata, Wayne Kanenoto, Jan Yokoyama,Norinc 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 Co=ssion today? PUKE: I do. 11_: Okay, tl ar is you -Please state you.name and where yo:r reside, and get started E l.,K�: NAcming, Mr. Ghairmar., My na:-ne is Sidney Fuke, and I'm here k',nd of like ra lecting a tot oL the co3nmua>,itv's feelings at t.iis point u, time. I wouldn't necessarily say it's unanimous, but it seems to be like a consensus of rheir posidon 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 ease here the Commissioners,you know,with the most complete and relevant information needed so that you can make a decision. And it's also desigaed to give the parties, the applicant and the others,the opportunity to provide you with that relevant information. The Commission's rules itself prcv:de a. abThty for the prartics to waive or modify the contested case Bearing process. And the question is like why'- You knoA, it's like basically saying you can modify i;. you can as long as, ycnu knoyv, you bastcally'kecp -. The essence or The spirit of the vontested case can st l!.i,e achieved through a less :rrtirr.idating process Now the process is like firs± you've gat to have the prehearing where the parties are all dentified. which is wha` you'.z trying ta, w•ha, is being requested today, and the scope -,f tl�e 1) EXHIBIT 3 2133951 y ? . p BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPY 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, 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. (sanclrason (a1l�awaii.rntcLnct) Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 CARTER K. SN, ESQ. (( arter.k.Siutcr�hawaii.gov) Deputy Attorney General Attomey for Applicant Connections New Century Public Charter School 235 S. Beretania Street, Room 304 Honolulu, Hawaii 96813 Amy Self, Esq. (aselfgco.hawaii.hi.uti) Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 Mr. Jeff Gomes (1<alani unns(cr!haw�iii��nt�l.net} Intervenor 281 Edita Street Hilo, Hawaii 96720 1 3952 Daryn Arai (ciarai(c��co.hawaii.hi.E�s) Jeff Darrow ([cfarrow(amco.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, Esc}. DATED: Hilo, Hawaii,November 8, 2013. f� TEA.& HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERV[CES (CRESS) 2 3953 • r 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@)hawah.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 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 TERENCE 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. 3954 ` r I. 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. Gomes (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 3955 r , 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: "I 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. 3956 11. 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. 4CT rRlg� IU Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL 3957 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@hawgiii.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 } CHAR'T'ER 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 9,2013, 1 caused a true and correct copy of the foregoing document to he served on the following persons by electronic and postal mail: Sandra P. Song, Esq. (sandrason @hawaiiantel.net) Hearings Officer 10 Karnehameha Avenue Hilo, Hawaii 96720 3958 Ted H.S. Hong, Esq. (ted@tedhonglaw.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 (kalaniRome5@hawaiiantel_net) Intervenor 281 Edita Street Hilo, Hawaii 96720 Daryn Arai (darai@co.hawaii.hi.us) Jeff Darrow (jdarrow@co.hawaii.hi.us) Planning Commission Staff County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 DATED: Honolulu, Hawaii, November 8,2013. AVI -1-1 C TE K. S IU Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL 3959 WRITTEN FINAL TESTIMONY OF TERENCE YOSHIOKA Critical to the evaluation and understanding of this Petition is the Hawaii Supreme Court decision in Neighborhood Board vs. State Land Use Commission, 64 Haw. 265 (1982) wherein a special permit granted by the Land Use Commission which would have allowed 103 acres of land in an agricultural district to be used for a recreational theme park was overturned. The Appellant in Neighborhood Board contested the issuance of the special permit on several grounds including, inter glia, that: (1) Chapter 205 required the applicant to pursue a district boundary amendment rather than a special permit; and (2) the applicant failed to meet the substantive special permit requirements of HRS §205-6 and the Land Use District Regulations. In overturning the special permit, the Hawaii Supreme Court held at pages 269 and 270 that "HRS §205 allows the county planning commission and the LUC to issue special permits for 'certain unusual and reasonable uses within agricultural and rural districts other than those for which the district is classified' but only when the use would promote the effectiveness and objectives of[HRS Ch. 2051." Whether a particular use is 'unusual and reasonable' is determined by applying the five guidelines set forth in the Land Use District Regulations §5-2 to the proposed project. Section 5-2 requires the following: (1) Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations, (2) That the desired use would not adversely affect surrounding property. (3) Such use would not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage and school S CA N IN F r improvements, and police and fire protection. IRc 1=s �d, �-.t' l "t 3960 (4) Unusual conditions, trends and needs have arisen since the district boundaries and regulations were established. (5) That the land upon which the proposed use is sought is unsuited for the uses permitted within the District. The Hawaii Supreme Court deemed it "unnecessary" to review all five guidelines as it found that the applicant "failed to comply with the first and critical requirement that the proposed use not run contrary to the objectives sought to be accomplished by the Land Use Laws and Regulations, the counterpart of the statutory mandate that the proposed use promote the effectiveness and objectives of HRS Ch. 205." [Supra, p. 270] After lengthy discussion of the procedural and substantive differences between the special permit and district boundary amendment processes, the Hawaii Supreme Court concluded at page 273 as follows: The interim statewide land use guidance policies enumerated in HRS 205-16.1 (1976 and Supp. 1981)and the Hawaii State Plan HRS Ch. 226, themselves articulate as planning objectives the avoidance of scattered urban development and the accommodation of urban growth in existing urban areas. [Citations omitted]. We do not believe that 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. [Citation omitted.]. We therefore conclude that Oahu's Kahe Point proposal is not an 'unusual and reasonable use' which would qualify for a special permit under HRS §205-6 and that planning commission and LUC abused their discretion in approving Oahu's application. The proposed recreational theme park is more properly the subject of a district boundary amendment petition which would be considered in accordance with the requirements of procedure and proof as set forth in HRS §205-4. As noted by the Hawaii Supreme Court, the "essential purpose" of the special permit is to "provide landowners relief in exceptional situations where the use desired would not change the essential character of the district nor be inconsistent therewith." [Supra, p. 271]. It seems, therefore, that the test to be applied to determine if a district 2 3961 boundary amendment is called for should be: Is the proposed use a "major urban use" that "changes the essential character of the district" or "is inconsistent therewith"? To answer this question as to this project,we need only refer to the County of Hawaii Planning Department Revised Recommendations wherein it is stated at section (F) on page 782 that "[t]he proposed school will alter or change the essential character of the land and its present use from its current undeveloped character." Despite its acknowledgment,the Planning Department apparently overlooks or accepts the change because of Petitioner's proposal to construct single story structures similar to the surrounding residential community. [Supra]. Even if Petitioner was able to construct a gymnasium that was only one-story high, the Planning Department limited view of what constitutes a "change" to "the essential character" of the property is unrealistic and shortsighted. No matter whether one story or not, the construction of elementary, intermediate and high school classrooms, an administrative center, a 140-space parking lot, a library/resource center, a 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 facility to house the inter-generational program would,by any standard, change the essential character of the land from an agricultural district to an urban. district. Furthermore, the Planning Department's narrow view of what constitutes "change" ignores the nearly 500 students, teachers and staff that will occupy the property at least five days per week, and the hundreds of buses and cars going to and from the property each day. It also ignores the noise and dust that must be endured for 16 to 25 years while the improvements are constructed on the property. All of these consequences 3 3962 *gym t - must and should be taken into consideration to determine if the "essential character" of this property will be "changed." And, obviously, the scrutiny should not be restricted to the height (Le. one story) of the buildings to be constructed. In reliance upon the foregoing, I urge the Hearing Officer to rule that the school does constitute a "major urban use" of the property which will "change the essential character of the district" or "be inconsistent therewith" so as to require that the proposed use be effected by a district boundary amendment and not a special permit. If this application does not require a district boundary amendment, it must yet be denied for failure to satisfy the seven criteria set forth in Rule 6-3(b)(5) of the Planning Commission Rules of Practice and Procedure. As pointed out in the Neighborhood Board decision, "[w]hether a particular use is 'unusual and reasonable' is determined by applying the five guidelines set forth in the Land Use District Regulations §5-2 to the proposed project." [Neighborhood Board at page 2701. Those five guidelines are now set forth in §15-15-95 of the Land Use Commission Rules. Its counterpart for the County of Hawaii Planning Commission is contained in Rule 6-3(b)(5) and has been expanded to seven criteria. The two additional criteria are. (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. The additional requirement that the "proposed use will not substantially alter or change the essential character of the land and the present use" is consistent with the Neighborhood Board decision to require a district boundary amendment if this requirement is not satisfied. In short, Rule 6-3(b)(5)(F) merely codifies the ruling in 4 3963 f 4 Neighborhood Board and forewarns any applicant for a special permit that the special permit cannot be granted if the "essential character" of the land and its present use will be "substantially altered." Clearly, then, only a district boundary amendment can authorize the proposed use if the "essential character" of the agricultural district will be changed and it matters not if the remaining six criteria of Rule 6-3(b)(5) can be satisfied. Assuming, without conceding, that Petitioner's failure to satisfy Rule 6-3(b)(5)(F) is, by itself, not sufficient to deny the special permit, the next issue must then be: How many of the other six criteria must be satisfied before this special permit can be approved? Rule 6-3(b)(5), itself, gives no indication that anything less than all seven criteria is required. Had the authors of Rule 6-3(b)(5) intended to accept 5 or 6, or even a simple majority of the seven criteria to grant a special permit, then why not state so? What line of reasoning can support a belief that less than all seven criteria must be met to grant a special permit? Without additional words of qualification in Rule 6-3(b)(5), it would be pure arbitrary guesswork to select a number less than seven. If we assume, nonetheless, that not all seven criteria must be satisfied, and we review the Petitioner's and Planning Department's position on the criteria, there is a clear acknowledgment that at least three of the seven criteria have not been met. For example, with respect to Rule 6-3(b)(5)(B) which requires that "the desired use would not adversely affect surrounding properties", the Planning Department concedes that "the proposed use is anticipated to have an adverse affect on the surrounding properties, but these adverse impacts can be mitigated to minimize these impacts through conditions of approval." [Planning Department's Revised Recommendations, p. 7]. 5 3964 The use of the term "minimize" is erroneous and totally without support. The Random House Webster's College Dictionary defines "minimize" as "to reduce to the smallest possible amount or degree." As increased traffic and noise are expected to negatively impact surrounding properties, "minimizing" these adverse consequences would mean reducing the extra traffic to one car and reducing the noise to one decibel. It is obvious that these results are unattainable. Without questioning the accuracy or reliability of Applicant's Traffic Impact Analysis Report (TIAR), we know that the school will generate much more traffic going to and from the school. Based upon the TZAR,we can expect at least 621 more buses and cars (p. 536). Except for construction of a left turn lane from Edita Street turning into the school (p. 887), no other action is being recommended by the Planning Department to mitigate traffic delays caused by the school traffic. Neither the Planning Department nor Applicant can state that traffic delays will not be experienced by the surrounding property owners. Whether these delays are classified as "better than acceptable levels of service" [Revised Recommendations, p. 886], for those Kaumana residents who are used to no traffic delays currently, having to wait 8 to 11 seconds (P. 536)before entering to and from Kaumana Drive because of the school traffic will be irritating and upsetting and adversely affect the daily routine and quality of life. Equally, if not more upsetting to the surrounding properties, will be the noise generated by the increased traffic, school activities and 16 to 25 years of construction of the school improvements. Petitioner seeks to avoid this adverse consequence by saying that it will plant landscaping. But we all know, and it is common knowledge, that heavy 6 3965 growth of trees and other vegetation near a construction site does not negate the noise emanating therefrom. And even traffic on Kaumana Drive can be heard despite the barrier of trees between Kaumana Drive and Pacific Plantation Subdivision. Even if the noise from this project could possibly be lessened or abated by landscaping,the issue is this. by how much? No evidence has been submitted by Petitioner to show how much traffic, school and construction noise would be generated by this project, nor by how much such noise would be reduced through landscaping. As it is Petitioner's burden of proof to show that it has met the criteria for the special permit, failure to present such evidence means that Petitioner has failed to prove that the surrounding properties will not be adversely affected. Another criterion that the Planning Department has admitted has not been met is that "[t]he use will not substantially alter or change the essential character of the land and present use." [Rule 6-3(b)(5)(F)]. This requirement as already been extensively discussed hereinabove and need not be repeated. Subsection(E) of Rule 6-3(b)(5) requires that "[t]he land upon which the proposed use is sought is unsuited for the uses permitted within the district." Because of the "poor" quality of the soil, the Planning Department concluded that "the land upon which the proposed use is sought is unsuited for agricultural uses permitted within the Agricultural District" [Revised Recommendations,p. $$9]. In contrast,the Petitioner stated at pages 48 and 49 of its Petition that "[d]espite the poor agricultural qualities of the property, the school does intend to include an agricultural program, the purpose of which would be educational rather than commodity driven, and would focus on teaching sustainable practices" including hydroponics and the cultivation of fruits, vegetables, 7 3966 nature trees, plants and ornamental plants. Petitioner also intended to use the property for raising of livestock and the development of a forestry/conservation program. [Supra]. The Planning Department, in order to find the land unsuitable for agricultural use, has overlooked many of the agricultural uses cited in Chapter 205-4.5, HRS, that are not dependent on good quality soil, such as game and fish propagation and public recreational areas such as camps, picnic grounds,parks, etc. Petitioner, on the other hand, has had to concede that the land is suitable for agricultural uses because of its selection of the site for its agricultural program. It was caught between the proverbial rock and hard place. It if admitted that the property was not suitable for agricultural uses to satisfy Rule 6-3(b)(5)(E),then there would be no justification for placement of the school in an agricultural district. But if it admitted that the property was suitable for agricultural uses,then it would not be able to satisfy Rule 6- 3(b)(5)(E). Unfortunately for Petitioner, it cannot have it both ways. So the land, by its own admission, is not unsuitable for the uses permitted within the agricultural district. To conclude what has already been a lengthy closing argument,but without conceding that the other unmentioned criteria have been met, let me point out that because the subject property is more than fifteen acres,Rule 6-9 of the Planning Commission Rules requires approval of the Special Permit by the State Land Use Commission. Both the Planning Commission and Land Use Commission are required by their respective Rules [.e. Chapter 15-15-95 and Rule 6-3(b)(5)] to find that the proposed use is "unusual and reasonable" and would promote, or not be contrary to, the objectives of Chapter 205 and our State Land Use Laws. 3967 The Planning Department has determined that the proposed use is "unusual and reasonable" independent of the seven criteria set forth in Rule 6-3(b)(5). In the instant case, the Planning Department found Petitioner's proposed use to be "unusual" because a school is "not normally considered agricultural in nature." [Revised Recommendations page 8851. If this approach to determine what is "unusual" is upheld, then all proposed Special Permits would automatically qualify as "unusual" since each Special Permit is sought to allow a non-agricultural use in an agricultural district. The Planning Department also concluded that Petitioner's proposed use was "reasonable" because the school is "required to support the agricultural community in which they are located" [Supral. There is nothing on record to support this conclusion nor is there any rational discussion as to how this conclusion was reached. And even if a school can be considered a "reasonable" use in an agricultural district, how do we determine if this school is a "required" service in the subject agricultural district? There has been no showing that another school is desired or needed, much less "required", in the subject agricultural district or any other nearby agricultural district. Why then is it "reasonable" to allow this school to be injected into this agricultural district without such proof? To conclude that the proposed use is "reasonable" by utilizing the Planning Department's definition would be pure conjecture and unsustainable by any burden of proof. Accordingly, I urge the Hearing Officer to find that the Planning Department's determination that the proposed use is "unusual" and "reasonable" to be in error and without any basis in fact or in law. 9 3968 Conclusion Authoritative case law requires that the district boundary amendment process be utilized if the proposed use changes the essential character of the district. Without question, the construction of a kindergarten through twelfth grade school will change the essential character of the subject property from agricultural to urban. As such, the special permit process utilized by Petitioner is inappropriate to authorize the construction of the school. Even if the special permit process is deemed appropriate, Petitioner must, yet, fail as it has not satisfied all of the seven criteria prescribed by Rule 6-3(b)(5)to qualify the school as an "unusual and reasonable" use. For example, the noise and traffic generated by the project is an admitted adverse impact upon the surrounding property owners which will persist for no less than 16 to 25 years (as to the noise) and forever(as to the traffic). In addition, Petitioner has failed to show that the property is unsuited for agricultural uses. In fact, Petitioner has admitted that it is suitable for the growing of crops and for forestry/conservation purposes. Without words of qualification or limitation, there is no logical or justifiable basis for allowing a special permit to be issued if all seven criteria of Rule 6-3(b)(5)have not been satisfied. As the foregoing arguments point out, criteria (A), (B), (E), and (F)have not been satisfied and for that reason,the Petition should be denied. 10 3969 x TESTIMONY Melvin Yokota 1358 Mele Manu Street Apt A Hilo, Hawaii 96720 Madame Hearing Officer: I humbly ask that the Connections Charter School application for a special permit be denied. The information presented to date clearly shows that the Environmental Assessment is incomplete and inadequately addresses the plan to achieve full buildout of the campus. The Community has expressed concerns about traffic, water, and public safety. Yet, no solutions have been provided. Mr Hong has asked a number of community leaders if they would be willing to assist in developing mitigation measures for those concerns. While I acknowledged that I would be willing to provide input, my response was not a tacit approval of this special permit application. If they had good solutions, there would be no need to ask for help in development of mitigation measures. Mr. Hong has been straightforward in asking the Connections Consultants about how this site was selected. The answer is that the site was preselected, and the Consultants had no input into the site selection process. Mr. Hong induced his professional witnesses to acknowledge that there has not been a complete planning process done to do a conceptual worst case risk analysis to evaluate the water and traffic concerns that would result from a full buildout of the Campus. They said the campus would be phased. They have not developed answers for the what ifs such as what happens if there is insufficient water? Is a partial campus acceptable? If a well has to be developed,l see no plans for a well site, nor is there documentation as to what the DWS would require of Connections if they decide to construct the well site. Are they prepared to spend millions drilling the well,constructing pipelines, booster pumps, and reservoirs? It appears that this option has not been worked into their project funding scenarios. Without complete answers as to whether the full buildout can be achieved,the special permit application should be denied. The chances of success for this project is marginal as it now stands. 4 3970 June Sakamoto Resident of Mele Manu St. November 12, 2013 A laid-back pace, not too much traffic, knowing your neighbors, and enjoying a sense of community—this is what is so special about Hilo. This is the quality-of- life factor that endears people to this place. This is what we wish to have preserved in our Kaumana neighborhood. This is why I am against having the Connections school located on Edita Street. Traffic Impact My concerns about traffic and safety as stated in my previous testimonies remain. The traffic assessment report for this project states that it was based on the assumptions that there would be: 1) no future traffic growth on Edita St. and 2) very little growth on Kaumana Drive, being that"the surrounding area is relatively built out and the pertinent section of Kaumana Drive is expected to be used by local traffic only." The report goes on to say"The second component in estimating future background traffic volumes is traffic resulting from other proposed projects in the vicinity.....No related projects were identified." Contrary to these assumptions, homes have been built and additional lots opened up for sale in Pacific Plantations Subdivision since the issuance of the report. This would lead to future traffic growth on Edita St. A new subdivision (Punahoa Mauka Estates off Hokulani St.) with access to Kaumana Drive has been developed with more yet to come such as Kumulani SID with access via Kaumana Drive near Hokulani Street. These additions to traffic, plus more people taking Kaumana Drive to enjoy the much-improved Saddle Road, are important considerations in determining Connections School's impact on traffic. The traffic assessment report acknowledges "heavy traffic volumes" on Puainako Street Extension and Kaumana Drive but concludes that the traffic impact of Connections School will be minimal. Minimal to who? Certainly not to the people who will actually experience the increased traffic on Kaumana and Edita. Mr. Thatcher states in his school newsletter (Nov 19, 2012) that a particular skilled nursing facility being built on Kaumana Drive "WILL negatively impact the traffic on Kaumana Drive"... yet he says his school, with all its students, teachers, workers, special guests, and parents, will have little impact. How is that? , . 3971 f J A Lack of Good Communications with the Community At the urging of the Windward Planning Commission, Connections Charter School--represented by Eric Boyd--held a meeting on December 17, 2012, with members of the Kaumana community. Mr. Boyd presented a visual aid (attachment 1) to show that Connections has made sincere efforts to reach out to the community. Listed were meetings held between April 2009 and Dec 2012. The notation at the bottom states: "Each mtg: 149 notices were mailed to residents and owners within 500' perimeter surrounding property."This is untrue. The school has acknowledged their failure to adequately notify people and yet they continue to put out this kind of information. Here is my assessment of those meetings: (THIS WAS THE THURSDAY OF MERRIE MONARCH WEEK. Poor choice of date!) --The Final Environmental Assessment (Attachment 2) states 'The school also held a public information meeting on April 16, 2009. This meeting was publicized by sending home informational flyers with the Connections'students, posting of informational flyers around the Kress Building and downtown Hilo, and by placing an information bulletin in the Hawai7 Tribune Herald."NOTE: There is no mention of notification seat to residents and owners wlthin 500' perimeter of the property. -A small notice (Attachment 3) appeared in the calendar section of the 4/11/09 Tribune Herald: "Connections Talks Kaumana Campus,"530-7:34 p.m., Kress Bldg, Connections Charter School invites all to get involved in a discussion about the new Kaumana campus. NOTE: there is no mention of Edita St. or Kaumana Drive. Most people seeing this would not feel a need to attend, especially if they do not have school-aged children. --The flyer (Attachment 4) indicates: "Informational Dinner Night"..."Why: New Facility Development"...."Kaumana Property."Sounds esoteric to me. Again, there is no mention of Edita St. or Kaumana Drive—nothing to make people in our subdivision feel that this was something they should attend. --If only 19 people showed up, that's a pretty sad sign of interest on the part of the school childrens' parents. --Is there a sign-up sheet to show how many Kaumana residents attended? (THIS WAS A FRIDAY. Poor choice of time. No consideration given to people who work, have kids to pick up after work, have families to feed, etc.) 3972 --14 residents attended. Many people in the community--including those who would be most directly impacted--did not even receive an invitation. Mr. Boyd (at the 12117/12 mtg) addressed the issue of their failure to notify people by saying they sent meeting notices to the names of people they got from the State. He doesn't know why some names were missing. This is an unbelievably poor excuse. (THIS WAS THE FRIDAY BEFORE THE LONG LABOR DAY WEEKEND. Poor choice of date/time---people work, have kids to pick up, families to feed. Some were probably too busy with holiday plans to attend) HIS WAS (T ---"-A FRIDAY. Again, poor choice of time— people work, have kids to pick up, have families to feed, etc.) --Connections was told by concerned attendees that they have to inform the WHOLE subdivision of the project as everybody will be impacted. --As a result, Connections says they went door to door on April 28 and left Comment/Information cards at peoples' homes. I found one at my front door. Interesting that the card has a diagram of the proposed campus but no distinct reference to Edita or Kaumana Drive (meaning that someone looking at the card would have no idea of the location of the proposed school). I think it was intentional. (THIS WAS A MONDAY, Start of school break -- possibility of families being on vacation. The time of the meeting reflects the school's appalling lack of consideration for the people who were working and says a lot about the school's sincerity (or lack of it) in wanting to meet with as many members of the community as possible. In regards to the requests for public input and concerns, as I see it, Ted Hong and the school administration were just going through the motions. --Please note that the glossy printed cardstock materials (postcard meeting invitations, comment cards, and the capital campaign brochure) all have a diagram of the proposed campus but no distinct reference to Edita St. or Kaumana Drive. I believe it to be intentional. --At the April 27, 2012 meeting, a community member brought up the issue of the Puainako St. access. The attached meeting minutes from Connections School (Attachment 5) has Mr. Hong's reply to this person C'If we commit to an 3973 alternate access, then will you support the project? We will do that if we have to.'), but there is no way for you the reader to know the sharp tone in which those words were said. The community member was so taken aback at the way Mr. Hong snapped back at him that he no longer cared to give his input that evening despite a later apology from Mr. Hong. Shortly thereafter, Mr. Fuke said "The planning commission can make occupancy conditional on an alternate access. Will that issue be resolved by the time of the Public Hearing?" Mr. Hong's response was "Don't keep presenting hurdles as we jump over them."They said they wanted to know our comments and concerns, but did they really? What, thea, was the real purpose of these"community outreach" meetings? In summary, poor meeting dates and times, failure to invite people, cutting people down during Q&A sessions, an offensive attitude on the part of Mr. Hong, deceptive information, `missteps"along the way, etc. No wonder there is no trust and support from the local community! Someone in favor of Connections School wrote regarding the subject of Trust and Open Communications "Our school is called "Connections"for a very intentional and distinct reason, as linking with and communication with our community is what we are all about!" I think this is something Mr. Hong and the school administration should think about because as far as I can tell, they have done a lackluster job of communicating in earnest with the community from day one through the final community meeting held on Dec 17, 2012. The school may be a great idea but the location is inappropriate. I ask that the special permit be denied. 3974 ` ... . -C Spow-C. t1wIfe t-l-AAjW INFORMAjo MatJ Sop S -7 ' ' lo�',i{' s. Apt. �X Dtlir i Asti y� yy a XYZ �,* Haty s 3975 A+ ac Z FINAL ENVIRONMENTAL ASSESSMENT Connections Public Charter School, Kaumana, South Hilo Hawaii Further efforts were made to ascertain whether any cultural practices occurred within the project site Requests for information were sent to the Hawaiian Civic Club of Hilo, the Edith Kanakaole Foundation and Mr. Kepa Maly in an attempt to identify any cultural resources and practices that may be conducted within or around the project site. No responses were received. These request letters are attached as Appendix G. The school also held a public information meeting on April 16, 2009. This meeting was publicized by sending home informational flyers with the Connections' students, posting of informational flyers around the Kress Building and downtown Hilo, and by placing an information bulletin in the Hawaii Tribune Herald. No persons at the public information meeting spoke in regards to any cultural resources or practices occurring within the project site. Findings of the archaeological investigation, as well as the lack of response for information and public input seem to suggest that the conclusion reached by the Puainako Street Extension and 'l'idening project EIS that there are no traditional cultural practices occurring within the project site are still valid 3976 :�j 111, oll :it L.111 T IVIIII UuVaIlt-t:1 �Helir cehien- a a S "". - 0 nial year.'F&rmer NPS thief ' .?, 0 fo,rAhe coveted title and share Hawaii 43a'. h co ler-tion A .'le' u r_,, historian Dwight Pitcalthley their.'personal experience-.;, ' of.eq I says covers diverse top-. a. e.- ctury :0 .,discusses.the history, current Free, .,i I Cs, and include'q maps and People Ethic, status and future options of Contact: justina Mattos. 969- numerous historical photos., CWelty-frec I :ed the park service. - 9743, www,imiloahawail org Contact. Christine Reed, 961- 19. Contact; G,.v(. Contact: truth Levin, QM-' 937.-5272,.t 6011, ruth qlnps,gov 0144, bbi nfoftawairtintel..net, corh,. jevi6C KEALOPIKO DESIGNS basicallybooks.tom, % "AS I.RECALL" with FASHION SHOW PEN r "STEAMY" CHOW *Where,'Imiloa-Astr6nornyCOMING SI( 4 Where: Basically Books, 160 -Center Where:Xa, Kamehameha Ave., Hilo When: 1,p.m. Thursday, April KING KALAKAUA in front'of When: 11 a.in,-noon Tuesday, 16 GATHERING When: 4-5 A Details: Fashion show a Where: Kalakaua Park April 22 - April,14 Details: loin-Bob "Steamypresentation by youngg Hawak When: 9 a.m,-3 p.m. SaturdaY,". 136talls..' Pr ". ion clothing designer Jamie Chowandtalk story with him 'April 18 p*enti n Makasobe, who'll discuss the Details: Hawaiian historian' reliatio"I about his recollections of tfie ,­ inspirations'and research' . I n, I -ij ti old days in Hilo. His book, and musician Palani Vaughn .-' vises.-Publi "As I Recall"'is a collabori-i she uses to create her con- host-, this event-of hula, participate. I'. n temporary Hawaiian clothing express the I I tion with Con ections Charter ging. ukulele plAying,sto- School students-and is help,�, designs. Free; admissions ryt• elling, food, artists and . t he'C1ti I d. ing to fund a student China - for exhibits and planetarium, 'craftspeople., Free admission. Hawaii Coag it shows trip. 0 apply. Coincides with the Merrje- Child Abus,- 'es Contact, Christine Reed, 961- Contact,justina Mattos, 969- Monarch Parade. Contact: N1-IF 0144, bbinfo@hawtiiidnteI.nE1, 9743. ini-attos@imifoahawaii. Contact:'Alice Moon, 933- 5150, mlivs ba5icallybooks.com org, www.imiloahawaii.org 9772, amooninfoCh higisland. . com, w%vw.po-,h rest iva Is.com RELAY CHANTED HAWAIIAN MELE CONNECTIONS TALKS' TEAM CAP AWORLD VIEW KAUMANA CAMPUS CPR SATURDAY Where. Inst i, in Where7`lmiloa Astronomy Where: Kress Building, f 74 Where. Castle-Gym, Upi3er my. Univers-1 'Center ;4' Kamehameha Ave. Campus, Hawaii Preparatory. When- 5 p,m When: 10 a.m. Tuesday. April When! 5:30-730 p,in. Thurs-. AcadernyApril 22 14 day, April 16 When, 7.30 a.m.-12:30 p.m, Details- KFS. ;r -Hilo profes- Details: Connections Char- Details: UH ter School invites altogetSat6rday. April 18 be given- 1 sor Kalena Silva will discuss Details- The Red Cro-,,, Youth Contact Hawaiian views of the world involved in a discussion about Group at H PA, in con iund ion 935-0025, c, ana campus. as reflected in chanted the new Kaum, with the American Red Cress: c,,'incerorg Hawaiian mele, how tradi- Guest speaker from Wil Chee West Hawaif brAch, will-offer org/hifohi tional knowledgeispassed on Development,. Dinner served - free CPR training. Sessions thrQtfgh rnele, and different at 530 p.m, 'kegin on the half hour and VOLCANO P( vocal styles. Free. Contact- ErIc Boyd, 961-3664 will take 2?, hours.•Registra- Where* : VOIC I! e,ic.boyd@conpectionschar- w Contact: lustina Mattos,'969- tion r6co6mended. 19-3834 Old 9743, innattos(6miloahawaii, terschool-orp Contact: Dana PQtt(,,ys, HAI- Volcano ori;. www,imitoahawait.org CRAFT 4082, dpetteyscehpa,ledu When- 7-9 13 1- LEI & 14AWAIIAN 24 DEMOS OPEN SCHOOL at Details,.A ni,,1 WEDNESDAY'SDAY, Where: Hilo Shopping Center. MALAMALAMA WALDORF words. Bring y, rn April. IS When: 9 a. , - 5 p.m. Thu rs- Where: Malamalama Waldorf or those of zri, day and Friday, April 16-11, School, Hawaiian Paradise Free, light rc-:r( : TREESZ PLANTS used In DetalK Learn to make easy Park, Makuu and 26th - lic welcome. ., HULA INSTRUMENTS yarn lei and other Hawaiian When.. 9 a,m.-noon Saturday, Contact: Ira Where: 'I mi loa Astronomy crafts with live dernonstra- Center tionsduring the cenl;er's Mer April 18 vo' lcanogard, When, I0-il30a,m. Wednes-. -rie M6narch Craft Fair. Free Del . allrf .com, ww da3, Apri1 ,15 admission, hool offers Waldorf-educa- arts.com s tion for prescho6l through. Details: UH-Hilo ethno- Contact- Marcia Prose, 959 seventh grade. Visit class- BOiSCO T botany instructor Kana'e 7707, g[3fjdvrT L e 1,F1 V`L Keawe discuss plants used rooms, see a Waldorf pup- Where: edits pet t%hcl%y ortir rfxqnlatlon,'�Oiv -ntirpv- u EP in-the creation of traditional CUIFF KAPONO c k It] about waidorpay. , ducatlon-,'Ce W '66: 9 a rr, hula instruments. Keawe is an BOOK SIGNING. ebrate Firth Day& the-kick- j'! clay._April 25- island artisan, cUiturtil prac. - 'Where:.Basically Books, 160 - off to r TV"O f f Week. DetMI§--PIjh1 3977 titioner and plant reseircho'n Avr, I w 44i ris I, "r� .ry r Connections Public Charter School ,-i Community, Business & Eduration Learning 'Ohana Informational Dinner Night Presented By- Connections Future Visionary Association (CFVA) When: Thursday April 16th, 2009 Where: Connections Public Charter School (Kress Building) Entranceon Kamehameha Ave. 5 :3 Qpm- 7 :3 opm 5 :30pm Complimentary Dinner 6:00pm- 7 :30pm Meeting Why: New Facility Development " K.aumana Property" Guest Speakers: Wil Chee Planning and Developtnent 174 Knapdambs Ave.,Mkh H**% I -Pbow UM6463- FAX 1 %1- l;atsi�e�sta,$ct 3978 At#QGh h� Celia. Water tanks will be about 5U-60' from boundaries; buildings about 500'. Ted: Will buffers be included in the design? John: We will, be inciuding landscape buffer options. CMQ: What about alternatil.,e access options? Are you still looking at coming in from the Puainako Extension? Ted: That is a property privately owned by BT-iihante-9awaii LLC. We spoke to Mr. Brillharite again this past Morday. He is willing to continue to discuss the possibility of an easement through that property. CMQ: I'm concerned because both 7d;ta and ""aurnana are se ::arrow. Celia: The traffic assessment showed no significant Impact- Although not required, we will continue to look at dedicated turn lanes. Ted: Vere there any recommendations `-om the traffic assess-mem engineer? Ce I�a: he• S� 5: <i1- 7.-.I CINIQ: We firsr calked aboL.- nie alternative accessques.�ar, in iurie 20i 7 and aga"r. a,- Ole next meeting here in KaUMu:'—I, and you're o, y i;ow -i-alkirg to %,Tr, B.,"hante At bo-h those meetings you, said it was a priority! Eric- That was the most recent opportunity we have had to talk to birn M. r. Thatcher did talk to him after those meetings. CMQ. How much of the fury raising project is earmarked for a'Iternative access-? TW-. If we emnift to an alternate access, then will you support the project? We will do -dwl. I" CMQ- I'm concerned because there is only one way ir. and out. Mr, Fuke: The planning commission can make occupancy condilional on an alternate access. Will that issue be resolved by the time of the Public Hearing? Dtij*I(eep-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? C4at. This is all a project concept, and changes can happen as necessary. 3979 1 L Aloha, My name is Clayton Kua. I currently reside at 632 Kaumana drive, about a half-mile mauka of the Union 76 gas station.As a 24 year resident and property owner I have witnessed an ebb and flow to the traffic patterns on Kaumana drive. For many years Kaumana drive served as the primary thoroughfare for residents wishing to access Hilo town and beyond.Turning left out of my driveway onto this little two lane street was at times an anxiety provoking experience.Some days it was"I think I can make it" and other days it was "I don't know if I can, but here goes." In short, it was a very dangerous and at times unpredictable situation. The development of the Puainako extension,relieved some of the congestion and traffic became much more manageable. However, I have noticed an increase in traffic as of late, and can only attribute that to more cars using Saddle Road for their cross-island trek and young adults, such as my child acquiring their driver's license. While still manageable, I don't think the road is equipped to handle the onslaught of traffic that would be created by transporting students,goods and services, on a daily basis,to and from the proposed Connections Charter School in Kaumana. With other residential and private developments slated for our area it won't be long before residents once again encounter intolerable traffic conditions. I don't believe there are any plans to convert Kaumana drive to a four-lane highway,so the impending congestive nature is something we will have to learn to live with or to avert before it begins. For this reason if an alternative route to and from the Connections campus cannot be established,then I stand in opposition to its proposed construction. Access from Puainako street(as has been previously discussed) stands as a viable solution.I don't know what's involved in making that happen, but I do know leaving Kaumana drive as the only means of reaching the campus would in the long run,only make things worse for all involved. Mahalo, Clayton Kua 632 Kaumana Drive Hilo, Hawaii 96720 �__.._.�___..�___.._-.. •'-- ._.' I acv ...J� TV N ;� 3980 Madame Hearing Officer Regarding: Connections Charter School Application From: Larry Kimura, Resident of Ka'Omana Dear Hearing Officer, This is my second letter of testimony to the County voicing my objections to the Connections Charter School's application to use parcels at the entry of Edita Street, Ka'Omana. I cannot understand why the County of Hawall would"import"school families outside of the Ka'omana residential area. My understanding is that at least half of this charter school's families are trom the Puna-Pahoa area,and the remainder from other outlying places of Hilo.The County should encourage these school families to be a part of their own communities and make contributions there to further the healthy development of their places. Surely the district of Puna has space for the grand plans of the Connections Charter School, it is strange as to why Connections would W want to be located in a place where most of their families come from, Lower Ka'ornana Drive already has its share of neighborhood developments. There is the 100 bed care facility that is now being constructed less than 112 mile ma kai of Edita,and the County approved plans for the low-income housing for Kumulani Gardens subdivision,not to mention connecting the'Ak0lea Plantations subdivision through Hokolani Street, These 3 major developments within less than a i mile stretch of Ka'amana Drive means a definite heavier traffic pattern that our existent twisty road has never encountered before. Again, I submit my testimony in opposition of the Connections Charter School in this Ka'Omana neighborhood. Mahalo, Larry Kimura 243 Mikala Street Hilo, Hawaii 96720 w ' 3981 Testimony of Henry K Lee Loy on day three of the contested case hearing Good morning Madame hearing officer. My name is Dr. Henry Lee Loy and I live at 1579 Mele Manu St. The TRAFFIC IMPACT ANALYSIS REPORT by Mr. Philip Rowell states that the PURPOSE and OBJECTIVE of the study was to identify potential deficiencies adjacent to the study project that would impact traffic operation in the vicinity of the proposed project. I will present you evidence that his study failed to meet its purpose and objective. The report states future traffic growth consists of two components. The first being ambient background growth and the second component is the estimated traffic that will be generated by other development projects in the vicinity of the proposed project. Related projects are defined as those projects that are to be constructed adjacent to the study project and would significantly impact traffic in the study area. His report states, "no related projects were identified". The report also presumed "that there would be no traffic growth of traffic along Edita Street". Contrary to Mr. Rowell`s report I am submitting evidence that Mr. William Brilhante's 45 lot subdivision adjacent to the proposed school was tentatively approved by the planning department in 1998 and resubmitted as recently as August 12, 2012. Traffic from his subdivision is to unload onto Kaumana Drive via Edita Street. I am also submitting evidence that another 83 lot subdivision called Kumulani Gardens has received tentative approval as of July 24, 2012. The entrance to this 83 lot subdivision will be approximately half a mile from the intersection of Kaumana Drive and Edita Street. Mr. Rowell failed to identify this project in his report. His report also falls to identify other projects in the vicinity including the Department of Hawaiian Homes residential subdivision, the 39 lot Hokulani St. subdivision, the 23 lot residential subdivision at the intersection of Kaumana Drive and Mohouli Street extension, the100 bed Skilled Nursing Facility on Kaumana Drive and the Mohouli Senior Phase 1 Housing Project at Mohouli Street extension. J SCANNFJ InI � y; 3982 Madame hearing officer, today as you approach Kaumana Drive for a site visit please drive carefully as you will see the road is narrow and winding. On your left you will note construction of the 100 bed skilled- nursing facility, the shark teeth striping on the sharp curve just above Terrace Drive, the numerous side-streets and driveways that feed onto Kaumana drive, the location of the 83 lot subdivision on your left near Alahelenui Street, to your right is Hokulani Street which will soon be open to traffic from the Akolea plantation subdivision and a new 39 lot.subdivision. (Please refer to the colored map I provided for you). Imagine the roadway slick with rain and think of the safety of the Kaomana community. Thank you for your time. Res ectfully submitted, Henry K L e Loy 1 579 Mele Manu Street Hilo, Hawaii 96720 3983 ti � °' -, 32500$003 �✓' I � J y� r'So I • ,. �1 rS Dom' 04 325006037 /kD ( too325006146JKj lm i �' 13542;10 325t}t}o151 l .may�� � g✓� � 3`L5��030 Icv I u, O`y 325006141 �3 � C> 5 00 n o 325006160 �c� I p 8250064 50 -. 325006141 l f sk 425061083 325 a ON 324008012 0� I 1 os 325061CW LT% 32504601 32400K"L - a 7 � no / , 3240080(12 j w i J N L'7 I O '3240OK271 324008028/ 3984 lug "f m ri 1 LuIr � a w O �� ,g V un w F W z J W o t ��. 11 �''rt �V c � �'i �� •f � �� f w II 1 1 _ f , i a a , ----- 3985 3985 SY Oi William P.Kenoi t-.". B1 Lelthead Todd Mow s Drreclor Margaret K.Masunaga West HSWOi'i OfPiee East Flawah office 74-5041 Ane Keohokalole Hwvy ■�i 101 Pouahi Stree4 Suite 3 kailua-Kona.Hawei`i 96740 County of H awal Hilo.Hawaii 96720 Phone(808)323-4770 Phone(808)961.8288 Fax(BOB)327-3563 PLANNING DEPARTMENT rax(903) 1.8742 July 24,2012 Jason K.Inaba, PE . Inaba Engineering, Inc. 273 Waitnuenue Avenue Hilo,Hi 96720 Dear Mr.Inaba: TENTATIVE APPR-OVAL SUBDIVIDER: KIDD$DEVELOPMENT CORPORATION =;KumWani Gardens" Proposed Subdivision of Parcel A 1-A, Into Lots f to83 Inclusive, Lots R-1, R-2&R-3 Road Lots"A"&"B"and Mokihana Street Extension, Being a Portion of Grant 5484, Ponahawai,South Hilo, Island of Hawaii, Hawaii TM K: 24-0OS:061 I SU B-00-000419) Please be informed that Tentative Approval of the revised preliminary plat map dated October 15,2008,is hereby granted with modifications and conditions. The subdivider is now authorized to prepare detailed drawings of the subdivision plan in accordance with Chapter 23, Subdivision Control Code, County of Hawaii, as modified. Before final approval can be granted, the following conditions must be met: 1) Water System a) Provide a water system meeting with the approval of the Department of Water Supply. b) Submit water system construction plans for approval by affected agencies, c) Pay installation and facilities charges as required by the Department of Water Supply, 2) Drainage a) Identity all watercourses and drainage ways and encumber with drainage easements. ttit5 ►.rn ]Llan i oda a?m Hairal'i Cnanrry is an EqualOpporrurtily Provider and Empin}er p1arisn it Chi h�B�Lhi�aS 3986 Jason K, Inaba, PE Inaba Engineering, Inc. Page 3 July 24,2012 B) Final Plat Map. Submit ten (10)copies of the final plat map prepared in conformity with Chapter 23, Subdivisions, within one year from the date of tentative approval, on or before July 24, 2013. if not, tentative approval to the revised preliminary plat map shall be deemed null and void. Only upon written request from the subdivider and for good cause,the director may grant to the subdivider an extension of time within which the subdivider may file the final plat. As part of final plat map submittal, provide an additional copy of the final plat map as a ".dwg"or".dxf diskette file prepared by CAD software. In the alternate,a digital copy of the final plat map may be e- malied to the Tax Maps and Records Supervisor at olanningco.hawaii.hi.us. 9) Time 1_imit. Subdivider shall complete all requirements spec'if'ied as conditions for tentative approval of the revised preliminary plat map within three(3)years of said tentative approval,on or before July 24, 2015. An extension of not more than two(2)years may be granted by the director upon timely request of the subdivider. Please be aware that if at any time during the fulfillment of the foregoing conditions,should concerns emerge such as environmental problems or other problems which were earlier overlooked or not anticipatedlaccounted for in datalreports available to date, this could be sufficient cause to immediately cease and desist from further activities on the proposed subdMsion, pending reso[ution of the problems. The Planning Director shall confer with the listed officers to resolve the problems and Notify you accordingly. No final approval for recordation shall be granted until all the above conditions have been met. Land shall not be offered for sale,lease or rent until final approval for recordation of the subdivision is granted by the Planning Director or the proposed subdivision has been issued a preliminary order of registration by the Department of Commerce and Consumer Affairs(DCCA)in accordance with the requirements of Chapter 4134, Hawaii Revised Statutes. Should you have any questions, please ileal free to contact Ed Cheplic of this department. Sincerely, Ag SJ i_EiTHEAD T DO Planning Director ETC.Inm 1kCoh33''Owr qn qubkdkmin FaMts 9KWdeDevCorpKumulsniGardensTA.doc Enc.: Revised PPM (10-15-08) 3987 V, a4aa xm �3 �. ., w . 'fes .�ti "ri` C..:E'r •1^; ''=fie �_r. E ^:'" ��'`ri'' (5'�,t ":: T -i•rle,.O"' �. 'a"'� '}�-,iC liC, r,- ;•f1-�� SII' :7:`�'_.., ''•i N` i! ID . � ._ uC.I .'c :'CY;<-�i '�1�""•�r`1�"1"" :19�;���� �:7:,, �� i" ,,"is.'�?� ?='"r?.;i' ::i�?.a�`_ ;i !��' ., `• :� -., F''. . :. . + r., oa{ji{' `Y x:17•. ""c1i'k" C' :f t,M' is' wl ,y' r.•' -;,zo �- f; ; r �- ^; �� ; TPr,.,3, r�r; :s;.i ]' ;��d aY� �� I� 'rr�n, l l; �hI[Lt n�°��pi ✓5- - St•,,• .fir' -,hc CCS:3 f4 fG'!4':t' :A;Ti� 7t: '!c �dusty?"$Enl k l;FeP 44 gra°f' r•,:r rim.-vcn, (i3, 'en I hCit 'r 1.*' 1 c, '7rjsl 1:7-0}'I1C'.S':i i7s o31 i" ,if`11?U1' t3 1 GOE i] yWitt, "t,64--., i(Eft:',6rk-s TO ai'kl i 4-Ur' 71 Y04id' tpe ecf-at, ion, w w fl,' ermi� 10 Submit this.simple Ind hrm cavi us;t��fi �'t��dxr�#�,r � t � � ` 70� ' � a �r91i) be processed under, Seclion 23.7 v fine Subdivision Code. We normally do not 3 i;e lar()CE55415- 0 ccnt.kirrcnt subdivision chplicatiahs of tecting tae some propprty,taut Pend:r►" 44-los gvbdi ishan r°equir•e, additional reseorch a$wel! as a tmjor r'evisiorf of*he rav•o ar;-sir',ary plot :tvap to reflect the current alignment of the, Puaiwko Street extension, I dorO sex 101 011 zRdlosfm.e,if m'rafz #itJisiorros beang procedurally disruptive. �--f 11ne!^d usihnent �wb';.wj sion m,,Oilde k r ivi^ra6Gn- tor° c�,os".a`_q ce E, select the eastern i-orner° of'-the project cite along the rommor, parcel boundaries and consint t wjth the , nVcip ate ' t m of the• eie,Monu ;nt rSectlon_ his Will MWOM''t1vt bath pitiesgall,access puaih*o t'a ir:gl 4 e►int. P i�ie o-a Es la t+r ii4i der;of the lute ft opt%e wjth Puainakoo _+ cju,sive this access tF t 'enti °_" of Lf the h� $ � S#red# �e sfon as of utum hoard r=te r it d:iot1 3. +ica wh8>r the id I ,weft r adafiid - 3988 7 m 32 i VOI-boxomettsing yow Ability#+o-piwod with'a'rev xi vor*6n tw�'" + - t SUbdivi$iOn al .same !)oint in the ft;ture. Qur discuscion up tc pzis pon.11. ha;:%beer, !N.P-artivz 'f: reviseC favout to aacorn t�odcte the cur-ent iacai icr, ^7 i.na ' rasa a 5';^met ar; your cooper'aticn 'he extension of Meke hkariu Street, We did diszcu? -`n 011 M e!e hlanlI ost shv."�' of its cennectjon ar itn, '-u inak,—, lleaxnCp a short as C rr.-c t ?"L'S�;err s tG`L1 ,'C14.i P"JC �d with tii S 5t1`�C�l`diSioPS,61', lots si11 load onto i huzr{ar,•" Onve until such time tile.County or State TP-eJshe, this Conne.-tion 1'G `uk-,i 6ako "'.S wl-,,e Elra:: pror—eed wit�'E "is subdivision has t-nde me reconsider that full. G4..�t•;�jn P'E.-,P9c?•'t} JI!eat. '`%?"tg •v1fitnal €"eqt..:'Zd ni•erS:CIiJn %i�SY:'��t`yis?":�9?•�, ',."'3i=a1f b?�. rc:��:•��" ark ri 7- n�,'O �l�e� ;r P; h r�Y- j' ;Zi 4 r i-z � _�.- ,�1 ;+i. � 54 is5 moi; Street }.tr.k' i` is. ..I r *� f a ;' C e ; �^t 96'. ..h.i9,ah�4.. r re�'r�/+• F. .� ..4.� , .`i���� ..-. �iz... =�'7?� ..,:C.+•�]1•i„A ° 14w Llri�� o f 4' - - •,_, � un Ji e2b�a � ,i'ae, .s.:;�s:F.. .r?�i3 �Bt�':�i ,gyp aw+.2 ; t Sonriinq bepartqti�nl 961-8286 Ext 204 F,Ux: ( ) 961-8742 7 ,4-5M,1 un An..Kcohok I ai(Ne Hwy -cv Phone t PER)37 A 11 41' RETURN SUBDIVISION AFPLir,,4TlON AMD PPlE_lJtJlNARv,' PLbu,_ os �kp SUBDiVil"IER. 5,"ll LH LL-C' i,lo. 1qll�-,tv' ol yw,a 411j, -"4 J ri Ot vti ,,i41 O.fl Mi VV i,�, li o 11, Zhai the preiimr?mal oi p I -sclp*-;Orl of fine pfl)pkn4k-t.i r,Jfr, i k iiJ jj(I J, ➢ kj o a vo 0(1 anid thU, nr;pr;,,*jxlff C41, AUb 7 Adgus!zi e ,i,, Fr"be 0 Aloreage Of Propose-,-, S' 1, V'S" ! an vu '! jj` V-XII)s Of all MDR SMS VO"�'r' or a�'4"er"' t".� 178w,! 37d a6a""C-(Al w Ow Pumes over MI RJANY 1wedys in ";e Now Nth? the outfox? 1 90 1- in; ar"d water maills viqeit-s gr-"-,T ;,'Of�-sj j5er' V a pay y to be wMed and met elywKs if Seweis pF.- xmad r garrAr'.q. w�Aei- systen" �V"� 'ofWaler. 12. PaMm! The awage map ' c jacanun w seas la"al :0 -o;' wcteir iyverkt'w ar'd -a0i �uhw sUeanns and SAW couNes 100 K,'sse Skyen nou '?rek� to wvaof Way', SAMOV of has depaMIM i"OONAl A IF-AD I A D '�V'3 FIRM (08-06-122) 7- 2� C,,,,pies all Letter of'TraMM 0" 1 Odgiral &S SUMVISM' APPkCaWy (&07-i 2) EMMWWRA LLC W%&alpt#669825 Q OW9825 A,qcoWl,,,,C ROOM won con TIM, Any WIR 91 J 411 t, AV 4)n 11nn i'P1VOI c t "YS Lf`' 2 d 0j4 � - +3,�.1.'..:. i 49 S V; .' t : it; L?_ 4'•�',l<< 'lLI%-v-e; "ire 44 ?o(s i;ti' we C{}!?l:UC LI ."'I'MILU. ��k`r,� ti C`I•.'., S4:"bm.bi.'-' _1? .' not poor-'eeci %'OU knc—t ;v :Ill: +;fns"'�Lc P(1,si bic L:''m,.m" 4 •, 'S /� : i l "}1,-' '' dra x' 'z r� o Al -'i ,.� 1. lr.�l _:1L, �. 111_';} L�, 't2 their ilL '4 lC�c�4� [��l !if,�, ..-. �r::ai ���' + +.. •l.t�.'.�_'I(J ...t.. ?.r. scrting llieii conswiIChon, slope and drakes y C:mmms us 1,w, 1 ILCLi '•., �:i6 it �'v�.�°- 1�'^�i�JS� .J S.f� Il V i.P•k�7._T V?. L •+�;.... � '�`i'"49�.i:T�?i1:1 i'^ i.�-:`� .,.!.J. �}^�,% .zi 'i� 7�' It i�`''� � ; `a ,huh fai paid '� 5.050.00 W As regard to i}4 C11 vi J1 'r V" L ``!?I pii. 'L+.1°1rY;',,mf yAny .S that !itis could A EL is 7. 1 Y a a p:' !:,.9 A paid #f;1. r€^t'-�L!'j .�1� 7��`v`1 }4 t}; "von" On i�ils- L}Cl,t'iCFL ..7 ��.Lll�)t'.,!t...!_.� Y''C.11 ,7. p' , land" Associates #i_7 Complete the rev ised plans �jj a alt' _Puai-nako Sr•-.:_ , . in. Cs i 4x 7 r S S - �r.. 52 reset, ars i r.: " `, i �� � lfi!7. 01 Cal I, ry �. S _ d-; F'7 5 ;i,"•` , "ii ''-5� i7 =3'e 1? '� _ 11T i'.� �l'� ,t�l 1 .�7 ri'.a wl, • '��'d'.. i'�1 .7wa 9 �� _ 3992 Testimony by Pauline Ke'ala Lee Loy, 11/12/2013 l offer this testimony for my own clarity as well as clarity for those who have newly joined the opposition of the development of Connections Public Charter School (CPCS) on Edita Street in Kallmana. Today's hearing will ultimately determine the recommendation or denial of a special use permit request for the development of CPCS on DLNR property on Edita Street. CPCS has already been granted the lease for the property and is currently awaiting the green light to proceed with development. They plan to build a school to accommodate more than 400 students along with faculty and staff over a 16-25 year period. In opposition of this development is a KaGmana community unaware of the proposed project until long after the release of the environmental assessment. A full environmental impact study was not done. Connections Public Charter School implies that the community was included in the planning process, it was NOT, however, clearly established as to WHICH community was included but it was certainly NOT the neighboring community of the desired location of the school. Mr. Hong has also implied offense to the No Connections signage and alleged website. It simply represents the tact that NO CONNECTIONS were made between CPCS and the neighboring community of the proposed location. You will notice that CPCS posted keep out signs on the hogwire fence fronting the well-manicured parcel at our site visit today. As a community member I interpreted the signs as an act of intimidation and bullying and a counter reaction to the community who had erected NO CONNECTIONS signs to publicly declare the lack of inclusivity. A year ago former planning director Ms. Bobby Jean Leithead implored Connections Public Charter School to meet with the community. Since then the school held only one meeting back in Dec 2012 in the middle of a work day at their Kress Store building led by the Vice Principal of CPCS and paralegal Susan Lee Loy. The questions posed by the community members present were not adequately addressed in the absence of both Mr. Thatcher and Mr. Hong and there was no follow-up attempt to communicate with meeting attendees thereafter. Project Manager Celia Shen indicated in the last hearing that this project is an ongoing process and pians change, yet she has never approached anyone from the neighboring community to provide input as the company she represents (Will Chee and Associates) proudly advertises. In previous hearings we have been ISCANNED -V w 3993 T consistently reminded that CPCS is NOT required to implement, follow or adhere to the same state guidelines enforced on schools that receive state and federal funds. It is certainly our hope that ANY school would voluntarily abide by all requirements and guidelines involving the health and safety of its constituents. There is no compromise. The moment that bulldozer crushed the first of many kumu 'ohi'a lehua and displaced the 'io (the hawk), 'aumakua of the area, they violated the land, the law and the lives of the community. Implicit vs Explicit Transparent vs Hidden Inclusive vs Exclusive Land stewards vs Land abusers They have broken our trust. Mahalo. Respectfully submitted, Pauline Ke'ala Lee Loy 1 579 Mele Manu St. Hilo, Hawal'i. 96720 3994 O ' t V O � � V7 �o 4 3995 '$ J �L s 1 � 6 ilk % - . - ;� 52 5s eD.t'J .3m Y. :. t y 1 •`f.f1W� r : � YhTI �y � Y�4TP 5. FU r e F 3996 November 10, 2013 Dana G. Kenny P. C. Box 1335 Hilo, Hi. 967201 Additional testimony re,aq rdinp Conne Lo s Charter School I am providing this addition testimony to clarify earlier testimony to insure that my points have been conveyed correctly. Let me apologize in advance for the grammar and spelling. I am writing this in haste with very limited time and skill. To clarify my main point.Any property can be developed for any desired use. The site selected could in fact be modified and all challenges over come. The question is it the best choice and is it good planning. Strictly from a developers point of view, when selecting a property you first establish the desired outcome, who will it serve, and how best to allocate the resources you have to best meet those goals with a positive outcome. In this case the goal is to educate K through 12th grade students, who primarily reside in the population centers of east Hawaii or primarily south Hilo and the Puna districts as they contain the vast majority of the population in East Hawaii.The school is being funded by grant money and other sources of yet to be secured private funding and those funds it would appear are logically conditioned on the ability to get approvals and permits to build what is planned. A great deal of effort has been put into identifying the obstacles that exist and on paper solutions have been proposed to overcome them in order to seek approvals to proceed. What doesn't make sense is this. if you have say$30 mil dollars and your goal is to build a school,the wise move would be to seek a site with the least land development cost so the monies available can be used for facilities development. If the site cost$10 mil to develop then you have$20 mil for facilities, verses purchasing a$1 mil sight with no challenges and having $29 mil for facilities.The exception could be that the sight is likely to make the school more accessible to the group it will service or has some other special features that would offset the additional sight cost. There are no such features to this property so why choose the more difficult location? During the hearing the schools council kept referring to Kamehameha Schools Puna campus as an example and I think its a perfect one to illustrate my point. The sight of the KSBE School is; 1. located at the center of the area it was designed to service and the area most likely to accommodate the future population growth. 2. There is no residential development in the area likely to be impacted by the development. 3. The land is relatively flat and easy to develop. 4. Ingress and egress are located on a main traffic corrfdore designed to accommodate SCANNEDJW lid 3997 4 ' the traffic the school will generate not only today but for many years to come. 5. Water is readily available. 6. Waste water is not an issue. and can be addresed in conventional ways. 7. There is no significant community opposition to the school 8.The land lends itself well to agricultural actives and has the soil needed. Not a single one of those features is true about the Kaumana site selected. Though there are proposed solutions to over come these shortcomings there is no assurance that any of the proposed solutions will in fact ever come to be. There is not a firm source of financing to develop these solutions, no government approvals are in place that would indicate they will be allowed, no permits have been issued, no designs submitted to the building department or board of health, and a number of the solutions would require special use permits that are un assured going forward. In fact many of the proposed solutions have never been allowed in the past and raise questions of good community development. Water;There is no available source for the water needed to accommodate the use.The development of a catchment water system has never been approved for a school, its unreliable, has health issues associated with it, requires the building of huge and expensive storage and filtration systems, would be an eye sore, and is sub standard for this use.They could be developed but why would someone choose to ?A well has issues of its own. The existence of the caves under the property, Fed regulations governing distance from waste water affluence which last l checked was a min of 1000' radius from any waste water source, and no evidence that the well would hit sufficient resources to solve the problem. There are additional concerns about federal standards of water quality, private wells for public use are a problem now and will not get better in the future. Liability insurance for a private water system serving a school is sure to be an issue also. If any of these issues come up how will we go back from there ?Think about it. We approved a school with no water system that will meet future standards. This isn't a 10 year choice we are making its a 50 year choice we will have to live with long after the advocates or opposition will be around. Topography;The land is not flat, it would be a huge expense to develop roadways into the property and to mitigate the water flow and runoff these roadways will generate at that degree of slope. Again it can be resolved but why choose that expense. Traffic; Not only is the access to the property limited to a single entrance with no attemate exits for safety, but the side street comes off of a roadway that is already taxed and has extremely limited options for improvement. Even if the road could be improved, a new bridge built at the Chong street access, it places a burden on the community and county to make these improvement to accommodate a private school. In the future this road will require sewer and water line Improvement further complicating the issue. Need;The area is already serviced by three elementary schools, one middle school, and a high school, all public, as well as one private school. The community is being asked to endure the impact of this new school with no existing need of it, and in fact 3998 according to the school figures will require the busing of students from as many as 40 miles away from lower Puna to fill its roles.Again it can be done but is it good planning to have students travel more then an hour to school one way in the morning and what evidence is there that parents would make that choice. Would it not be more logical to have had the students each drive 20 miles each. I mean simply from a good planning point of view. Impact; Council for the school seems to paint the community opposition to the school as being greedy, hostile, unreasonable, and in some cases bigoted. I don'think this is fair but to me is not the issue but a way of diverting the attention from what the issues are. What ever the reason for the opposition it clearly exist. The idea that a victory in the planning commission hearing will be the end of the legal challenges the school will face is extremely optimistic. The situation is so divisive at this point i predict that there will be challenges at every step of the process going forward. Every permit, or approval process will result in a re hashing of all of these issues and the legal cost themselves will be high enough to allow for the purchase of a very fine piece of property more suited to the schools needs. For what ever reason the school has failed in its most important step, which is to win community support for the project.l keep hearing concerns about property values as one of the big issues. Schools themselves do not affect property values. Uncertainty can, and bad planning surly will. The fact that the key elements of this project remain unresolved and in my opinion will not ever be, causes great concern and places a very unfair burden on the immediate community. If any of the planned resolutions fail we will be left with an unfinished school at best. If this hearing results in approval for them to proceed the die will be cast and we will be forced to live with the results. i think that should be a major concern for the hearings officer in that once this approval is given there is no process that will be able to undo the damage done, no exit strategy of any kind, and as a result the county would be forced to lower its standards and the situation will dictate policy rather then good planning dictating the situation. Another key impact to the community is the proposed housing of students. The community is not being asked to accommodate the school and students from 8 to 5, but students 24 hours a day. My company manages dorms and student housing. There are real, legitimate, and serious concerns of what activity will come with that use. Its not a matter of this school, or those students, but the natural behavior of children and the impact that will bring. Again, if the community needed the services of this school the argument could be made that the impact would in some way balance. The case here is that we are being asked to accept the impact with no benefits of any kind. Seems to be contrary to the purpose of the planning commission which is to insure wise planning choices are made and the community is not adversely impacted by private development. It should also be pointed out that the school is a school of choice in that students and parents have to choose to attend this school. There is no evidence that the public will make this choice over other schools that exist or may be planned. History cannot be used as a guide because there is not history of this school, this vision, in this new location. What ever the opinion of the current student body may be its not applicable. These are not the students of tomorrow and no one has any picture of what the final outcome will be or if financing will be available to complete the plan.Allowing this to proceed without bonded assurance of completion is highly irresponsible.No 3999 private developer would be allowed to proceed in this situation. It is my understanding that one of the main advocates of the school lives very close to this sight and has a love of horses. I am reminded of a study I read done in the early 1900's looking at the use of railroad facilities along the Hamakua coast designed to make the harvesting of cane more efficient. The different sugar companies had each designed their own routs and connected them.The report concludes that the design of the system was very conducive to the owners of the plantations visiting each other but very poor for the harvesting of cane.The plan of the school is to first build a barn and a caretakers house. I would think the first thing a school should focus on would be a classroom, several in fact, and I do not think the community is being difficult or unreasonably concerned when the last thing in a plan for a school are the classrooms. But hay, if it doesn't work out we have....what a barn, caretakers home, on State land, for what public need ? When its all said and done, all emotion is taken out of the situation, this location does not benefit the students, it doesn't benefit the community, the county, the DOE, the State, the investors, the teachers, the legal process, it doesn't enhance anyones Iffe in a way that makes the location ideal by any measure, and will result in a long, very expensive experiment the community will have to live with for ever. So my point is very simple, you can choose the best site to build the most cost effective school that fills the needs of the community it will serve, or you can spend a fortune more to have one that doesn't make anyone happy. In my business I see this all the time, someone gets fixated on a piece of property and spends time and effort justifying the choice in the face of huge obstacles, making the argument of why it will work. Family fortunes are lost every day this way. The perfect location does not require an argument. It speaks for itself as in the case of the KSBE campus. Thank you all for your time in hearing me out and I hope this has helped to define at least my view which I think is shared by many in the community.This is truly an ill conceved plan that goes against all logic and acceptable measures of good planning. From a business point of view its a fast track to bankruptcy. 7R 'lly 05e na G. Kenny 4000 c. s c�-�pc C cz. - ani noozeI pr� o,. de� --6� r-66�e;k- L Lec V a-u I - �s less - ty A Jllr 9,. y SCANNED Y-IF 'AP C, 201L By: 4001 W TED H. S. HONG, ESQ. Attorney at Law P. U. Boz 4217 Hilo, Hawau 96720-0217 Telephone (808) 933-1919 Facsimile (808) 935-8281 TeclCa Tedhonglaw.corn TO: SANDRA P. SONG, ESQ. (sandrasono@hawaiiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 CARTER K. SIU, ESQ. (Carter.K.Siu@hawaii. oti) 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@co.hawaii.hi.us) Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 JEFF GOMES (kalanigonies@hawaiiantel.net) Intervenor 281 Edita Street Hilo, Hawaii 96720 DARYN ARAI(darai@co.hawaii.hi.us) .TEFF DARROW jdarrow@co.hawaii.hi.us) Planning Commission Staff County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 967201 FROM: Ted H.S.Hong, Esq. DATE: November 8, 2013 RE: Connection New Century Public Charter School and Community Based Education Support Services; SPP No. 12-000138 Enclosed, please find the following: Date: _ Description __ 1 11/08/2013 Errata to Applicants Connection New Century Public Charter School and Community Based Education Support Services (CBESS),Ioint,Pre- Hearing Brief; Certificate of Services T.,t Page I of 2 4002 (X) For your information { ) For signature and return { ) Per your request INK { ) For review&comment { ) For distribution { ) Per our conversation (X) For recording/filing { ) For necessary action { ) Other: CLQ Page 2 of 2 4003 DAVID M. LOUIE 2612 T Attorney General of Hawaii CARTER K. SN 7313 Deputy Attorney General Department of the Attorney General, State of Hawaii 23 5 South Beretania Street, Room304 Honolulu,Hawaii 96813 Telephone No. 808.586.1255 Carter.K.SiuDd hawaii.gov Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL TED H. S. HONG 3569 Attorney at Law P. 0. Box 4217 Hilo,HI 96720 Telephone No. 808.933.1919 lea cItedhonglaw.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 ) 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 ) HEAWNGS OFFICER - SANDRA SONG TMK: (3)2-5-006:141; Kaumana, South Hilo, ) HEARING DATE: Island of Hawaii ) OCTOBER 21 AND 22, 2103 0 `; S - 0 '. 4004 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 he done to ensure that the proposed use shall not burden public agencies:" DATED: Honolulu, Hawaii,November , 2013. 1 � C 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 6-,2013. 4DH.S. HONG Afor Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) 2 4005 TED H. S.HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted u tedhonQlaw.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)JOfNT PRE-HEAR[NG 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, 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�ru,ha„°aiianteLnet) Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 CARTER K. SIU, ESQ. (Cartei-.K.Siu(a�hawaii,pov) Deputy Attorney General Attorney for Applicant Connections New Century Public Charter School 235 S. Beretania Street, Room 304 Honolulu, Hawaii 96813 4006 Amy Self, Esq. (aselfnco.hawaii.hi.us) Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 Jeff Gomes (kalanigornesna Intervenor 281 Edita Street Hilo, Hawaii 96720 Daryn Arai (darai mco.hawaii.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: Hilo, Hawaii, November <2013. ;VEH.S. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CRESS) 2 4007 Arai, fl ' :PiT From: Ted Hong [ted@tedhonglaw.comj Sent: Tuesday, December 31, 2013 10:23 AM ';; = i 5 4 To: sandrasong@hawaiiante1.net; lawbess@aol.com;jeff gomes; Arai, aaryn;Darrow, Jeff; Carter Siu; Self, Amy; Sid Fuke; John Thatcher Subject: Connections - Further Hearing At this point, CBESS respectfully requests that the further hearing go on as scheduled. My client and Connections have been pushing for mediation, only to be asked to repeatedly delay the proceedings, with an uncertain date or deadline. All the while, Mr. Gomes and Mr. Fuke, use any delay in the proceedings to further attack my client's position. Additionally, I have not heard from Mr. Bess for over a week in terms of using the further hearing date for mediation. We would like to proceed with the further hearing as scheduled. if there is any remaining time, I suggest we use it to begin mediation. The Hearings Officer can close the record, pending mediation. If we can mediate, then she can issue her decision. So as far as my client is concerned, we request that we proceed with the further hearing. �G: We have a subpoena duces tecum to the Planning Department that was submitted to your office several weeks ago. Please sign it so we can have it served on the Planning Department. Thanks, Ted r G 4008 • � r Arai, Daryn From: Sandra Song [sandrasong@hawaiiantel.net] Sent: Tuesday, December 31, 2013 11:03 AM To: 'Ted Hong'; lawbess@aol.com; 'Jeff gomes; 'Arai, Daryn; 'Darrow, Jeff; 'Carfir Siu'; 'Self, Amy; 'Sid Fuke; 'John Thatcher' _ Subject; RE: Connections - Further Hearing } Ted, I have not seen any subpoena duces tecum for the Planning Department. it has also been my practice to prompt_l#sign and return all requested subpoenas. I.A I would suggest that you check with your staff about this matter. With respect to the hearing set for January 8, 2014, unless all of the parties agree to a continuance,the hearing will proceed as scheduled. Sandra P. Song Attorney at Law 10 Kamehameha Ave. Hilo, HI 96720 Tel: (808)933-9212 Fax: (808)935-4853 WARNING: This email message and any attachments may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law, If you are not the intended recipient or authorized agent for the recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you received this email message in error, please immediately notify the sender by return email and delete the message and any attachments from your system.Thank you. From: Ted Hong [mailto:ted@tedhonglaw.com] Sent: Tuesday, December 31, 2013 10;23 AM To: sandrasong@hawaiiantel,net; I wbess aol.com; jell gomes; Arai, Daryn; Darrow, Jeff; Carter Siu; Self, Amy; Sid Fuke; John Thatcher Subject: Connections- Further Hearing At this point, CBESS respectfully requests that the further hearing go on as scheduled. My client and Connections have been pushing for mediation, only to be asked to repeatedly delay the proceedings, with an uncertain date or deadline. All the while, Mr. Gomes and Mr. Fake,use any delay in the proceedings to further attack my client's position. Additionally, I have not heard from Mr. Bess for over a week in terms of using the further hearing date for mediation. We would like to proceed with the further hearing as scheduled. If there is any remaining time, I suggest we use it to begin mediation. The Hearings Officer can close the record, pending mediation. If we can mediate, then she can issue her decision. So as far as my client is concerned, we request that we proceed with the further hearing. i 5 -- 4009 }F, d 4- �G: We have a subpoena duces tecum to the Planning Department that was submitted to your office several weeks ago. Please sign it so we can have it served on the Planning Department. Thanks, Ted 2 4010 'y ✓ l�r.;.�y DAVID M. LOL-li- 2012 Attornev General o('Hawaii CARTF R 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.Siu Ca;hawai i.gov Attorney for Applicant CONNECTION NEW CENTURY PUBLIC CHARTER SCHOOL TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 1111o, HI 96720 Telephone No. 808.933.1919 ted(a,tedhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WIDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of } SPP No. 12-000 13 8 } C'ONNECTIO'N NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY } BASED EDUCATION SUPPORT ) SERVICES APPLICANTS CONNECTION NE.W CFNTURY PUBLIC CHAR'I'ER SCI 1001. and } COMMUNITY BASED EDUCATION Application for Special Permit Application ) SIJPPOR`I SI:RIVCES (CRESS), JOINT No 12.000138 PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND RECOMMENDATION, CERTIFIC'ATh TMK: (3)2-5-006: 141; Kaumana, South Hilo, } Ov SF".RVICE Island of Hawaii } Flearings Officer: Sandra P. Song Hearing Date: October 21-22, 2013 Time; 9:00 am 4011 APPLICANT COMMUNITY BASED EDUCATION SUPPORT SERVICES' (C"BESS) PROPOSED FINDINGS OF FACT CONCLUSIONS OF LAW. AND DECISION AND RECOMMENDATION Connections Public Charter School and Community Based Education Support Services fled an Application for Special Permit on July 25, 2012 to permit the development of a K to 12 chanter 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 Jeffi-ey Gomes had standing and granted his Petition for Contested Case Hearing and further determined 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 8, 2014 and January 22, 2014 makes the following Findings of Fact, Conclusions of Law and decision and order. FINDINGS OF FACT I ) 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 frorn two -2- 4012 separatr campuses and now desires to consolidate all of its academic programs at a single location. id. Record at 20. 2) In coordination with the State of liav aii 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 DI_NR and its Board of Land and Natural Resourees (hereinafter "BLNIR") 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 pro}ect's potential impacts on Kau nana 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 "S11PD") an archaeological field inspection of the accessible portion of Kaumana Cave that underlies the Property's upper parcel was conducted. With the exception of -3- 4013 name., car ed intu the :a; e w;slls. no histone c� mc!Its were fcI'LlIld ciusIng the ('connections chose to revise tllc 4011ceptual eampus Flan by relocated the major built fncilit!c, cmirck within the Property's lower parcel and maintained a minimurn 100-tont bufter on either side of the ca%e alignment to alleviate concerns about impacting the cave ecosystem. Id. Record at 26. b) The Draft EA was amended to address the revised conceptual campus plan and was published in The Environmenial Nnlice in August 2010 initiating a second 30-day public review period. Comments received during this 2" public review were responded to, and DLNR determines{ 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 hnviroitmentul Nolire 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 DL.NR 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 2101-21 84 of the Planning Commission Record). H) 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- 4014 i I i ciunty Lnninu� i nC ('otrrrty 7oninc is N-ric,datra!-i acre tri-ko. Ill. R�coid it 2i and 777. 1 2) General Plan Land L se pattern Allocation Guide ("L[ PAG") flap, fhc 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, ori 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 approximatcly 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. Rceord at 27. 14) All maior 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 29-30. 15) Surrounding Zoning/Land Uses. The surrounding lands to the south and west are similarly zoned A-I a. further south are properties zones A-20a and A-IOa. To the north are properties zoned RS-10 and RS-15, with some properties zones A-3a further north across Kaumana Drive, Therc is a property zoned Open that adjoin the lower Marcel to the northeast. 4015 �.c Nurrnunding uses consist. mainly of single fi:indy residences and vacant lauds, with some af;rICUlntral activity oectirring in the area. Id. Record of 778. 16) Agricultural Lands of Importance to the State of Harr-aii (ALiSH): The Property is not classified. Id. Rccord at 25 and 7 7 7. 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) Archaeological/Historical 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. -['he assessment concluded that there is nothing unique about the Property or its vegetation and the construction and operation uf'the prupused -6- 4016 scltutbl "OUld n01 �Id'.e;-,Cly impact nat;�c avian or maninialian reswrcc,, I.I. Record at 17-35 end 218-2;7, ?1} Public access: The Property is not located ac.lacent tO or near any shoreline or mountain areas. therefore the project would not affect public access to these resources. Id. 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. Tile 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. Tile 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. Id. Record at 41 and 289-306. 25) Energy and Communications: Electrical services in the project area are provided by the Hawaii Electrical Light Company (HE,LCO) 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. 216) 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 fruni an existing 8-inch waterline along Edita Street. The current water availability, which is subject to -7- 4017 change is limited to a iii axirnum of seven units of%vatcr per pre-existing lot ofrccord. Lach unit of water is equal tib a maximum of 000 gallons per day. therefore, a maximum of 4.200 gallons per day is available for the proposed project. Id. Record at 42 and 780-78I. 27) Wastewater: Currently, there is no municipal wastewater system serving the Kaumana area, and the proposed project, like the suI7ounding 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 Propeily as well as provide a notice on the Property itself of the Special Permit application. Id. Record at 329-331. 29) Ms. I.cithead-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. Id. 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 12-000 138. Id. Record at 364-373, -8- 4018 I hroughout the following months, the Planning Director received responses from. ariouti county and state agencies regard]ng their reV iew 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 12-000138 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, 873-890, 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- 4019 calcuILatrons to address the Planning ( ommi5sion`s concerns ofan adequate watet ',Upply. havc a oicotinL- with tlre. Mr. Brilhante, the .)caner iodic adjacent property. to discuss acee"�s to the Puainako Street Extension- and meet kith the Surrounding eon1rnunity 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. 1d. 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. 1d. Record at 1708-1709. Deputy Attorney Gencral 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 eommunity 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 Pennit 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 owirer5 and lessees of the .aIII-I ry 10, -10- 4020 ) 2013 meeting of the Windward Plairmng Commission. Id. Record at 1154. Mr. Llong',s office, tiN lush was directed by ConnecIirnns. complied A-ith the requctit. 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 BL,NR to allow for a right-of-way or road widening. Id. Record at 1990-1891. 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. Id. Record at 2057. By letter, dated 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("BESS, Mr. Hong informed the Planning Commission that some procedural errors were discovered relating to: l ) the ability For parties to request a contested case; 2) the ability to intervene at the State Land Use Commission; -11- 4021 acid 3) improper notification related to a �onte�ted case process at the Planning ( of iiiissio�l level and the State banes ['se Commission leNel cn:at,n, 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 Gcncrai 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. (tomes 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 informed all of the parties that Sandra P. Song, Esq. would serve as hearings officer for the contested cast hearing. CONCLUSIONS OF LAW I ) Section 205-6, Hawaii Revised Statutes states as follows: (a) Subject to this section, the c•ounly planning comnfis,sion mm,permit c•erlain unusual and reasunahle uses within agyywahural and rural disiric is usher shun 1hose which the Avirie1 is c lassifiecl. Any person who desires to use 1he Person 's land within an ygricullural or rural disyricl other than 16r agric'ullicral or rural uses, as 1he case mai,he, mai.,pelilion the planning commission fcir the couniy within which Me person land is localed flypermission to use 1he person 's lanes in 1he ivanner desired. . . . lEinpha.si,s added.j (c ) The counlY planning cornmission maY, uncler srcch prolerlive res'lriclions as ma.v he deemed neressurv. permil the desired use, hul only when the use would promote the -12- 4022 c ff,c'lia'ClIess crIle I;4jc c lia C- (J/ thi.ti c hal'leT, Iwo I-icfed 117(]1 a 11w 1wol)os"d jor de,'r�wxed !1711)77?',7771 a(-I ( IItnw.cll 1 71'IV Vihlll '7(11 ('(;8717 a ]tlj c17?I-I)(Ir'1 !)/'I hi V Ch(1141T 2) The guidelines pro-Ocled in the Shite [-,Ind I.'sc La>E For establishment of AiOricultural district boundaries are intended to provide the greatest possible protection to those lands with a high capacity for intensive cultivation. Tlic Property's soils are classified by the LSB as "D" (Poor) for agricultural productivity and the State of Hawaii ALISH systern 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, E or U. See, Sec. 205-2(a)(3), HRS. 4) Additionally. a charter school is not considered a permitted use within an area that has been zoned Agriculture I acre (A-la); however, l fawaii County Code Section 25-572(d) provides that schools may be pennitted in the Agriculture district, provided that a Special Permit is issued for the use. See Transcript of'Proceedings. Vol. 4. page 531}, line]4-16, see also l"xhibit A 2(i. 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 (1990). 6) 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- 4023 that pronaote the efFectixencs, :incl ohj(MiNe5 of Chaplet ?(J5 ot'tlle H,iNNaii Roti iced ')tatUteS Id. at 332, 316-;7; Ell«. Rev.. Stat. ti§ 205-4.5 and 205-6. 7) The criteria For approving a Special Permit are based on Rule 6-7 in the Pianilin, 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. H) 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 establishmcnt 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 propose(] sisc 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 AgrlCUltural district, the intent i5 to pre;scr�e or keep lauds cif high agricultural potential in agricultural use. However, some agricultural lands -14- 4024 may not bc , sited for a111-icultural use, but are classified as suc11. 1'11c law allows uses that may not be stilctly agncUltural in nature yet are reasonabic 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,can be mitigated to minimize their adverse affect to surrounding properties through conditions of approval of the Special Permit. As the TZAR 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: 1. 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 rVecived from DPW-Traffic Division requesting that Connections submit a traffic management plan to be 4025 rcviewed and appro,,ed by DIIAV-Traffic: DivISIOn in coi7sciltatr011 with the Po116c Department. fhc plan shall be implemented incl provide traffic managem,:nt strategies that redti4e traffic congestion on surrounding Countv roads durint, 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. A Traffic impact Analysis Report for this project was prepared by Phillip Rowetl. 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 Tliei1, Chief of the Traffic Division for the County of Hawaii. Id. Record of 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 1-25, 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 l, page 173, line 1-25, page 174, line I. 2. Police Department: The Police Department commented that the section of Edita Street from Katimana 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- 4026 condition of approval will he added requiring COnnCCtlOn to add an S.-foot paved shoulder along the northeastern (Makaiy 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 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 gallons 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. ?ion-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. ld. Record at 1678 to 1684. See testimony of Kevin Louma, Transcript of Proceedings, Vol. 1, 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- 4027 revIe"ed the preliminary water caiculations. Sce testimony ' Kurt Inaba, 1 ranticript of Proceedtngs, Vol 1, patac 1 Q line 17-2-5. page 181. line 1-25. page 184. lino 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 197, line 8-16. 4. State Department of Health: There is no municipal wastewater system currently serving the Kaumana area. Connections wi.1I have to provide its own waste water system meeting with the State Department of Health regulations. Based upon the above discussion, conditions of approval shal I 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 a Special Permit, various "non-agricultural" services may be allowed, including schools. 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 (ALIS H) Map. Additionally, the soil is classified as "D" or "Poor"by the LS13'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 -18- 4028 unsuited iiir agricultur:ll uses pernitttcd v�itlitn the Agricultural I)istrsct Aithough dik: Property is unsuited for a -ricultural uSG. t'onnection is proposing to hx c an agricultural program and a forestryiconsernation program as part of the curriculum. The agricultural program facilities would be conducted from the lower parcel and inelude green houses, a six-horse barn, and cultivated gardens. The forestry/conservation program, which focuses an 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- 4029 urhan toren for arras within me Count} Die Property is tocated m an arca uicmiked as Imw Density Lrban in the Gencral Plan. The 1,ow Density t,'rban designation allows for residential, with ancillary community anal public uses, and neighborhood and convenience-type commercial uses inhere overall residential density may be up to six units per acre. The request will not be contrary to the LU PAG Map desigrlation 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 Elemenl • 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 Faccitlies-Ecluc°alion fC"outse of'Aclion,s fur South Ililw • Encourage the establishment of additional schools as the need arises. Lam[ 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. 11 ) The proposed use is not contrary to the objectives sought to be accomplished by I[RS Chapter 2{15A, relating to the Coastal Zone Management Program, The Property is located -20- 4030 ovor three miles fi-om the ciosest shoreline and i` no located "!thin the Speciai Manaaerneiit A rea. 121 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 Pennit 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). 1 R) The due process requirements under the Rules of the Planning Commission have been satisfactorily complied with. -21- 4031 Mate Latid E se Boundary Amendment Provess is Not Applicable I `l l Ilse rr�.pc`!1`• Iil 1.1 lil ,i hl:lti I ,11-d l "e Di.�tricl tleil,ll l��li ilk!' il�'tieu,li:l,,: S",2. Sec. 205-2w)(3 ). ! I'm all RC', l�e(I rcierred w 1, I lith } 2l)} l Ilc III ,ILIC',Ii011 1, 1101 ,Irl IIl1Ii VU1111 IUJl-)C1lIt1lral 10n(Is (ILle t(1 the 111101' x[)11 rMin 4101-.'17". Jild suCll I)1-()1('rt)' (IL.ICS 110( heed the -grcatcst L1Llssihle protection.- SLS_ 205- 2(a)(3). IIRS. Id. RCCOrd it 25 allot 777. 21 ) The 111-OIICrty ill cluCsti011 IS 1101 usablC t01', x111(1 I10t SLlltCol to, ibl"ICLIIt1MI1 urld Ancillary actin itics by rcason of to pography and Sol Is. See, See. 205-2(d), FIRS. Id. Rccord at 25 an(1 777. 22) I'he properly ill question isrrcatcrthan tificell acrca, Sec, Sec. 2i)5-3.1(,1). [IRS. W. Record it 2r,. 23) '1llc use oftllc propert) In yL1C,li(ul. with Soil Cla,sifC(-1 by 1110 4111d stu(IV hurCMI'S deli]1led kind cl,l,sificutioll a, merilll (nlastcr) ratlrl.1 1)"'. IS rCsll-iutr(I 111 Ilse tl,C, Iler-JIMIC(I 1i01- a116CLlltura1 (ktrictti as ,ct tOrth in Section 205-5(c). I I RS. 24) Sectim 2()5-50), 1 IRS, specifically dcIeg ttes zoil " 1)o\%Cr, to ful-cher (reline I1C1'I1W,S1bIC L1SC5 Withlll StutC Land L sc Distrlcls to the respectO e Counties. 25) SCclloii 2()5-5(h), I IRS. pro%ldes that within -a`'I'lCL1Itllrtll dlstrlCtti- MI], LISCS 111LI5t be C(1n111atiblC to ac(i\-it?CS described ill SCCtl'011 205-2. FIRS allot that ",1ccessory usCS Mld scr\ices- nuly be fut7her dcfinCd 1)i CaCII COLIIIty 114 inning (lydintlnCC. Sec, Sec. 2(15-5(1)1, HRS. 26) "1 hC ('uunly (if' I laAaii, ill its Zoning, ( ode specifically sw(cs, in rcic%ant )}alb.: Section 25-5-72. Permitted uses. (d) 1 Ile 6(fll "\in`: use, m,iy be perim'ttcd in the ;1 (atr1(-ultUI-J1) d1•-trict, III'M ided that ,I 11se permit is i,sucd for CL1ch u.,c: II'tIlC hlill(1111 1, SltC IS ()Uttil(IC Of the Stull: -22- 4032 I HF' USO A'grIt1F.1dk1 111041 W j IPCOW PCE1111i US,� !Iu It!iII, Iti 1�Ithl:I file ; l C' 1INI W_'IWJ1ILI[,11 dltiti'i�l. See also, Sec. 15-1 5-25(b), Fia�4ail Administrativc Rules, Fnlph,,lsis added anti inclu(lcd. ?71 Ile IlWaii State Sllpreme Court's decision in Neighhorhoto(1 Hoard Yo. V ('I (J, r. Sole L lml t "Ye C flnrlNlS.1'I(11I, L't ell.. 64 ilawai'i 65. 639 P.?d 1097 ( 1982). docs not apply to the pretient PCtitlonCr: (a) In the ,Nei ghhorhood Board No. 24, supra case, the hail inner proposed a nla.jol• CoIII rllcrcial unllertalc 1111 inwo ging up to IS million peopie am W, 1(I., at A I Iawal'I at ?7?. oIO P?d 1103. (h) The proluOsed Use Wa, 1101 it "hernlittLd" use as defined by the (MN ant! (bun ty Of 110110Iulu', 7,oning ('OdC. id. (e) 'l he po117i0,c of the land use houndary anienclnlent Process i5 to "titreanlline the latul use regulatory prwcss by moluiring the state conlnlission's aplll_LAol of such permits only where the use desired ►►ould he of such scale as to impact the state as a whole. "A"phaMs added)— Mighh(lMood Hoard No, 24, supe-a R. nt. 4. A nlg Msc Standing ( ol inniace Report No. 572, 10t11 1 lmail Legislature, 2nd ScstilollS, 1979 1lOutie JOL11'Ila1. al 1-41(1. 28) In the pre,ent case, the Prtitionerti' hroh(>NCLI use is defined its a pcnPitte(l uNe by Section 25-5-72, 11 ind ('olulty Clyde. Sec I ranscript of Proceeding~. Vo). 4, page 519, line 14- I O; ,ee also FAIlihit A- 26, -23- 4033 :1, :10 Wn"I'Cl 113OPO to wo hul 1 iA, kv Q, Ncaw ." A I And WC A W" A Rox-ti \1, 24. ­,ipr�i It. 11r 4, mn; lhom SUMny C mmolne Repo-, w 5-2. WO lh"ju i wasitarc. _'ad Nc"nmm it ;41(1 .1()) I lie Petitioners' proposed LISC is comp,itiblo to acmitics dowrth"I in Section 205- 2. IIRS and Sec. 205-5(b). 1 1 R S. 31 ) There is precedent, at the State Land L A C bnmn istion. A lo"!ng proposed uses for schools, to plaweed using a Special Permit pmweNs under See, 205-6. 1 IRS. See, 'Icstilliony ot"Duane Kaill.111a, AJnSMQM or Proceedings, Vol. 4, page 491 lines 1 MR lvgc 494 lines A 32) 1 he Pet i t ioncri' j_)l'0l-)0Sa1 Utas CV 0 1 UatOd by the D M cc of Planning. W. Reawd at 401406 and 7557(11 . -13) PHI-SLEM11 10 the ()('f'[CC 01' Pianililig, the Petitioner", proposal meets the gklidehlle'4 in HAR §15-15-95, Rir determining an -witmiland rcasonahIC LNC" for [lie P1.11-110SC ol',uninting, a �J)CCial I)CI-111it J)W-SLIa111 10 1 IRS. ti 05-h. Ld. RCCL)fd at 402-404 mid 759-7(11. 341 The ( Ammy or imm a Planning Department considers the recommendations al' the Office ot'Planning. Sec,Astiniony of DLUMic Kallli.dla, I'l-WISCript or Proceedings, w. t, page 216, line 7-15. 35) 1 he K a in elmnwh a Schools, Kea JL I Call I PUS, applied for and %as granted a Tecia.I Use PMQ. 10 hLAkl a substantial pan of the school on land 1xi'th the We IAml [A dewipm1holl Rv agiri"llural uses. See. Teminwirly of Bobby Jean lNithead Todd. Transcript ol'Proccedings. QL 4, page 512, hnew 1 1-25: page 513, lines 1-2: tine also, Fxhibils ,,\24 and A25. 1()) Hic Ilctitiolicl-S, pl-0j_)OSCd Use is rcasonahle and LHILISM11 Under the State I and t_:,,c DeNignatkin 4 QcWiurd. pug urint tai See, 20544a). IIRS %cc Towd-nony M'Why Van I Cithead 'I odd. Transcript o1'Proceedings. Vol. 4. page 511 . lines H6251 page 51 Wes I-1(}. -24- 4034 DECISION AND RU'ONfv ENDAIJON Based on the e%idencc presented and applying the standards and rules herein. along with the above Findings of Fact and Conclusions of I aw, 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 No. 12-000138 of Connections and CBESS, 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 Pen-nit 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- 4035 ul 4. 1'hc appIicants ,hall instil a redu-cd pr4.,surc type backflow pr,�cnti��n as`:mbl� ti�ithln fig e { j feel of the existing water rnctct and an; additional zvatcr meter. on private property. w hicl. 111r.st he I11SJ%ctcd and approtic<l by clic Dopal-1,1111CM Of It atct' St1[)P1 ti. 5, Construction of t11e high school phase shall be completed w ithin 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 ('ode), Hawaii County Code. Plans shall identify all existing and/or proposed structure(s), paved driveway access and parkin; 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 (C`V) zone adjoining Single-Family Residential (RS) Zone. 6. Un plans submitted for flan Approval review or any land alteration permit(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 Kaurnana 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 a Certificate oFOccupancy for the respective school phases. -26- 4036 3 �. _ 11 cInvevs Li-, co nneet,,om, to Edita 'StT.'lt 511,411 colifoi-' n tc� t harfcr -12' Co"I(rty 5Ureet5. Ofthe Hawtr>> ( ournti ('ride '). i"hc applicant shall contitruct a separate turn lane for left turns from ca.stbound Edita Street into the Lowcr 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 proiect. 11. 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- 4037 tacJj!.-ii�- access t, the fluaninako St%ct Cxtcnsionl jdjoiivr�- kmds directed by the Planning DIrc-clor rulloft 'N'111 tai- di3po,cd of ollwe '11,13 6hall not 10C directed toward any adlacent 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. 14. 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 DL,NR-SIIPD for review and approval. A copy of the approved monitoring plan shall be provided to the Planning Deparullent prior to issuance of Final Plan Approval. 17. All ground altering activities es associated with the proposed development shall be monitored by a qualified archaeologist in a manner meeting with the approval of the DLNR- SHPR 19. 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. I(). The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. -28- 4038 211), An innual ShL111 SU[11711tt�d tO thL ]Manning Director pI7o1" to the annners�iry lona oi' The approval of this Speciai Pcnnit. [ lie report shall include, 111.1t flat he limited W. t'nc ~lata, Of the .i.tielkOpnlent nrul the catent 10 which the Conditions oi"aphroNal 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 performance 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 performance (i.e., a condition to be performed within one year may be extended for up to one additional year). C. If the applicant should require an additional extension of time, the Planning Department shall 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- 4439 Bascel on the fnr,c}ing. it iti ordered hN t?1c 1ti'in�!wircl Plannin- Coiliniksion That the Special Permit Application No. 12-000138 be approved and pursuant to Planrlilig C on1n1r5S1o11 Rule 4 Contested Case Procedure and Rule 0 Special Permit~, 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 -3Il- 4040 CONCLUSION' !rased on Ine evidence presented and applying the standaras and rule hcrcin, alum w1h 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)(.4)(A)-(F)- 11 is recommended that the Plann+ne Commission approve the Application for SpecTai Permit o! Connections and CESS, as recommended by the Planning Director. DATED- Honolulu, I{await, February r2-2[114. {�dY CARTED K �Yt' 7313 Deputy tt©rney General Depa ient of t he-Attomc} General, State of Hawarr Attorney for Applicant CONNECTIONS NEW CENTURY PUBI IC CHAR"rER SCHOOL DATED: Hilo, Hawaii February 2014 I F D H~S. HONG Attorney for Applicant COMMUNITY BASED F.DUC ATION' S[fPPOR`F SERVICES (CRESS) 4041 CONCIJ SION i3a,cci on thi 2 Ck 3114 the stanciarkl, .incl rulCS iicrciP, 110nll 14Ith the ahove Findings of Fact ajid Conclusions of l.a«, the Appiicants, Connections and ( MISS. have satisfied the requirements of Planning Commission Role 6-7 and Role 6-3(b)(5)(A)-(F). It is rccon-imendcd that the Planning Commission approve the Application for Special Permit of Connections and CBiSS, as recommended by the Planning,Director. DA'[ ED: Honolulu, Hawaii, 1=cbruary 2014. CARTER K. SIU 7313 I)eputy Attorney General Department of the Attorney General, State of liawai i Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL DATED_ fiiio, Hawaii February t2—, 2014. t I'D H.S. NON Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVI TS (CBFSS) 4042 I ESD Il. S. 110\G 11^;69 Attorney at I.a%k P. U. Bot 4717 Milo_ III 90720 Telephone No. 808.93 3.l Q i 1) ted,u tcdhongla".com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CHESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No, 12-000138 CONNECTION NEW CENTURY PUBLIC 1 CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) APPLICANTS CONNECTIONS NI:W SERVICES ) CENTURY PUBLIC CIIARTF.R SCI 1001, and COMMUNITY BASFI) EDUCATION } SUPPORT SF.RIVCFS (('BI-,SS); Application for Special Permit Application ) C ERCIFICATI:OF SERV10" No. 12-000138 } 1-M, K: (3)2-5-006. 141 -, Kaumana, South Hilo, ) Island of Hawaii ) CERTIFICATE OF SERVICE 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 (u;haw aiiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 CARTER K. SIU, ESQ. (Carter.K.Siu a hawaiJ.gov) Deputy Attorney General Attorney for Applicant Connections New Century Public Charter School 235 S. Beretania Street, Roorn 304 Honolulu, Hawaii 96813 Amy Self, Esq. (aselfgco.haw•aii,hi.us) Deputy Corporation Counsel 4043 r ,%ttorlhcy (61- tihe ( OLUM of I lawaii Pianning Dlrcctor 333 Kllauca .AVLMIC 1)6 7 () [efl'(;omc� (kalamaom s'ullawaiiantohi,,t) Intertienor 281 Edita Strect Fl i lo, Hawai i 96720 Daryn Arai (darai(ctce.hawaii.hi.us) Jeff Darrow 0darrow(ccco.hawaii.hi,us) Planning Commission Staff County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 DATED: 1 silo, Hawaii February , 2014. �yi H.S. HONG, ✓ ,� Attorney for Applicant C'OMMU'NITY BASEL) EDUCATION SUPPORT SERVICES (C'BESS) 4044 BEFORE THE WINDWARD PLANNING COMMISSIUR C 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 ADOPTllYG PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION AND ORDER DENYING APPLICATION SPP NO. 12-0001.38 L 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. 1 0 900 4045 II. 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 t. 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 Hawai'i and located in Kaumana, South Hilo, Island and County of Hawai'i. It is further identified by TMK: (3) 2-5-006: 041. Exhibit Al; 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-la) 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-1 a 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 5, 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 Z 4046 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 parry ptnuant 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,prose. 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' Request 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 donnitory 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 4047 41 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. Pro.iect'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 landscaping 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 4048 i% OWN �. i and intends to investigate other sources of water to support the project." ROA, 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 Traffic 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 TZAR. He added that, based on 5 4049 his experience,if the application were to be considered by the State Land Use Commission, an updated TIAR would be required for two reasons: l) 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, 463 28. Mr. Rowell further testified that a)while he was aware that the University of Hawaii at Hilo,Hawai'i 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 2409. 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 Hawai'i at Hilo, Hawai'i Community College, and Kamehameha Schools Hawaii campus ended could make a difference in the TIAR. He added that"1t 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 4050 4 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 ecologicallbiological 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 Heatt}. ROA, pages 33 and 425 Draina,e 37. The EA noted that Flood Insurance Rate Map designation of the site is "X" or 7 4051 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. EnvironmentallCultural 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 42.3 ArclhaeologicallCultural 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 Kaumana 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. PrgLeers Social Consideration-Community Issues 38. The application noted that there were four public ineetings on the project. The initial one occurred during the FA 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 4052 values, Applicants' contingency plan in the event the Special Permit were denied, cultural significance of the property,benefits to the community. ROA, 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; 1315-1432;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 lots 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, page 1889 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 4053 approved even before its filing as evidenced by comments made by Ms. Bobby Jean Lcithead 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 thon 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.A4, 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 TIAR, the percentage increase of the added traffic resulting by this development on Kaumana Drive is 58%over the current levels 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 tatting 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 4054 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]imitation. 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. RO,4,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 electiveness 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 Z1 4055 • 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 563, 569, 575, 576, 59. Chapter 25 of the Hawaii 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 Comnjission can issue a Use Permit- which is a form of 12 4056 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 convnercial-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 we fare nor cause substantial, adverse impact to the community's character, to surrounding pro,perties; and Shall not unreasonably burden public agencies to provide roads, and streets, sewer, water, drainage, schools,police and firs protection and other related infrastructure. (Emphasis added) 61. According to the County Planning Department background report, the County General Plan Land Use Pattern Allocation 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 ofAc(ions 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 4057 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 community. (Emphasis added) Land Use Element Pod is • 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,Hawaii 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 4058 �•xP9sf- x ��•,'�n 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 Pen-nit 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. bb. Rule 6-3(b)(5)(A): Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Lave 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 goveming 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 limned 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"B"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 tape place. The fact that the site is not barren but consists of ohia trees and other vegetation attests to this potential. 15 4059 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 Judge 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 change 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, l 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 l-acre sized lots with agricultural covenants —principally coffee. [n 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 Ibarra 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 4060 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 Pennit—which is a form of a zoning variance -is granted by the Planning Commission. The concept of the Use Permit is similar to the Speciat 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. 57. 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 4061 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 far residents that border this proposed site. There will be an increase in noise, crime and traffic. " 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 strictures, 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 generale 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 TZAR (Traffic Impact Analysis Report) are conservative and lively overestimates total(rip generationfir the project"as it does not taste into account that "approximately 30 percent of Connections'students are bused to school.... " 18 4062 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 Bdita 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 28, 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 24 4063 develop the TZAR suggests that intersections within%:mile of the project area be evaluated,there was no evaluation of the Chong Street/Kaumana Drive intersection, an intersection corning 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 TZAR. 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 Platming 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 TZAR 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 4064 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 TZAR,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 4065 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- I a,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 Pima District and the adverse impacts the proposed development would have to the immediate corru-nunity, insufficient analysis or thought was given to other properties, be they private or publicly-owned. 22 4066 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 Kaurnana 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)(F): 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 strictures. To accommodate the proposed devclopment,structures such as a dormitory, 10,500 square foot gymnasium, cafeteria,classrooms,etc, will all have to be constructed; parking tots to accommodate more than 140 vehicles will have to be provided;and 23 4067 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 Plan and other documents such as Design Plans. The General Plan Land Use Pattern Allocation 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 Pen-nit read that a proposed use: 24 4068 Shall not be materially detrimental to the public welfare nor cause substantial, adverse impact to the community's character 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) 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 4069 ux *•9 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 concernsthe commun�t . (emphasis added.) Policy: Coordinate with appropriate State agencies for the provision of public_facilities to serve the needs ofthe 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 corrununity in a mariner 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 ofcommunities 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 Kanwhameha School in Keaau,the proposed development would be 26 4070 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. EXHIBI T 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 floodwaters would not fill up the well and overflow,but would be drained away." 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. ROA pagei474. 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 page1832 76. County Planning Department requires applicant remains responsible for all other governmental requirements in connection with the approved use. 27 4071 EDSPECS requires; Fencing (minimum 6 feet)around the perimeter and secure gates at the entrances/exits are provided to allow the school control/deter 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. ROA 884, EXHIBIT JG-6 SECTION 901-1, ROA 1263-1264 "You will see 16 red and white keep out signs posted on the hog wire fence" Henry KLee Lov SUBMITTED WRITTEN TESTIMONY DATED 11/12/2013 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. ROA pages 1416-1420 November 19,2012,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 28 4072 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 Bill 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, ROA 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, ROA 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 OPCS 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 4073 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. ROA 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. ROA 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." ROA 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. IL CONCLUSIONS OF LAW Based on the foregoing proposed Findings of Fact, the Planning Commission makes the following Conclusions of Law 30 4074 5 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 4075 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 Nom 2-5-006: 141. _ CERTIFICATE OF SERVICE I HEREBY CERTIFY that on February ,2014, 1 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. (sandrasorr_ rcc,ha��raiiautel.i�ct) Hearings Officer 10 Kamehameha Avenue Hilo, HI 96720 TED H. S. HONG,ESQ. (iedta1tedhonglaw.coin) Attorney for Applicant--Community Based Education Support Services(CBESS) P.O. Box 4217 Hilo, Hl 96720 CARTER K. SIU, ESQ (Carter.K.Sjwel hawaii;go�) Attorney for Applicant— Connections New Century PUblie Charter School Department of the Attorney General State oIHawai'i 233 South Beretania Street, Rom 304 Honolulu, HI 9813 4076 AMY SELF,ESQ. (aselfLxco.hawaii.hi.us) Attorney for the County of Hawaii Planning Director Office of the Corporation Counsel County of Hawai'i 333 Kilauea Avenue Hilo, HI 96720 Daryn Arai (darai z�gg,hawaii.hi_us) Jeffrey Darrow (Ldarrow aico.hawaii.hi.us) Planning Commission staff Planning Department County of Hawaii 101 Pauahi Street,Suite 3 Hilo, HI 96720 DATED: Hilo, Hawai'i February , 2014 JEFF GOMES Intervenor 281 Edita Street Hilo,Hl 96720 2 4077 Arai, Daryn From: Fujio, Mary Sent: Wednesday, February 12, 2014 3:52 PM - To: sandrasong@hawaiiantel.net; Carter.K.Siu@hawaii.gov; ted@tedhonglaw.com; kalanigomes@hawaiiantel.net; Arai, Daryn; Darrow, Jeff Cc: Self,Amy; Kualii, Jennifer Subject: Connections New Century Public Charter School application,SPP 12-000138 Attachments: COH Statement of No Position as to the Submission of FOF-COL-Decision-Or....pdf Good afternoon- Please find attached the Planning Director's Statement of Taking No Position as to the Submission of Findings of Fact, Conclusions of Law and Decision and Order. Thank you. Mary E. Fujio Legal Technician to Diane Noda, Molly Stebbins,and Melody Parker and Secretary to the County Board of Ethics Office of the Corporation Counsel 333 Kilauea Avenue,2nd Floor Hilo, Hawaii 96720 Telephone: (808)961-825J. Facsimile: (808)961-8622 09003: 4078 • r 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, Hawaii 96720 Tel. No. (808)961-8251 Fax No. (808)961-8622 Email: aseltL&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-12-0001.38 CONNECTIONS NEW CENTURY PUBLIC CRARTER SCHOOL AND COMMUNITY DUANE KANUHA,COUNTY OF HAWAI I BASED EDUCATION SUPPORT SERVICES PLANNING DIRECTOR'S STATEMENT OF TAKING NO POSITION AS TO THE Application for Special Permit Application No. SUB-MISSION 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. u900 4079 w =r -7) 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 HAWAII PLANNING DIRECTOR By AMY SELF Deputy Corporation Counsel His Attorney In the Matter of C 0 NNNECTJ0N-, S—NE W CENTURY PUBLIC CHARTER SCHOOL 2 4080 y AND COMMUNITY BASED EDUCATION SUPPORT SERVICES Application for Special Permit Application No. 12-000138 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 4081 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)2-5-006:141, Kaumana, South Hilo, Hawaii 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, Hawaii 96720 Email: sandrason&(Fohawaiiantel.net Hearings Officer CARTER SIU, ESQ. (X) Deputy Attorney General State of Hawai i 235 S. Beretania Street, Room 304 Honolulu, Hawaii 96813 Email: Carter.K.Siu("ajhawaii.aov Attorney for CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL TED H.S. HONG, ESQ. (X) P. 0. Box 4217 Hilo, Hawaii 96720 Email; te_�drCotcdhongla�v.com Attorney for COMMUNITY BASED EDUCATION SUPPORT SERVICES 4082 Hand Delivery Mail Email JEFF GOMES (X) 281 Edita Street Hilo, Hawaii 96720 Email: kalan� ipnmesCu)hawaiiantel.iiet Intervenor DARYN ARAI (X) JEFF DARROW County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Email: daraigco.hawaii.hi.us darrow)co.hawaii.hi.us Windward Planning Commission Dated: Hilo, Hawaii, February 12, 2014. YSELF Deput Corporation Counsel County of Hawaii 2 4083 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)-Z 5-OQ6. 141__ CERTIFICATE OF SERVICE I HEREBY CERTIFY that on February ,2014, 1 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. (sandrason crllaianlel.i?et) Hearings Officer 10 Kamehameha Avenue Hilo, HI 96720 TED H. S. HONG, ESQ. (tedfu tedhonglaA.eom) Attorney for Applicant-Community Based Education Support Services (CBESS) P.O. Box 4217 Hilo, 111 96720 CARTER K. SIU, ESQ (C;irter_K,.Siuru_luik aii,.gm) Attemey for Applicant- Connections New Century Public Charter School Department of the Attorney General State of Hawaii 233 South Beretania Street, Rorn 304 Honolulu,HI 9813 1 4084 AMY SELF, ESQ. (aseMf i6eo.hawaii.hi.u5) Attorney for the County of Hawaii Planning Director Office of the Corporation Counsel County of Hawai'i 333 Kilauea Avenue Hilo, HI 96720 Daryn Arai(0araiLWco.hawaii_hi.us) Jeffrey Darrow 00arrowLvco:hawaii.hI.us) Planning Commission staff Planning Department County of Hawaii 101 Pau ahi Street, Suite 3 Hilo, HI 96720 DATED: Hilo, Hawai'i February 2014 JEFF DOMES �_.—�_---------------�_.._ Intervenor 281 Edita Street Hilo, Hl 96720 2 4085 Ted H.S. Hon Attorney at Law Employment,Workpiate Law&Litigation •: � ;� �, Sue Lee Loy March 13, 2014 Planner and Legal Assistant . . -I The Honorable Duane Kanuha, Director County of Hawaii Planning Department k' 44 The Honorable Ronald Gonzales, Chairman and Members � s=�-"ti •ms' s County of Hawaii Windward Planning Commission 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 # RE: TIME EXTENSION FOR HEARINGS OFFICER SANDY SONG Special Permit Application (SPP 12-000138) Connections New Century Public Charter School "Connections" and Community Based Education Support Services ("CBESS") x b ter. - TMK(3)2-5-006:141 Dear Mr. Kanuha, Mr. Gozales and Members: .,ez ' On behalf of Connections New Century Public Charter School ("Connections") and Community Based Education Support Services ("CBESS"), hereinafter Applicant, allow this w letter to provide Hearings Officer Sandy Song an extension of time to prepare Findings of Fact, ' Conclusions of Law and a Decision and Order for the Contested Case in for the above-entitled matter. Pursuant to Rule 4-23 "The Commission shall render its decision, order, or ruling within _ { a period of not more than ninety days, after the close of the hearing, unless a longer period of time is agreed upon by all parties. " The Applicant understands that Hearings Officer Song has request additional time to J. prepare her report and recommendation to the Windward Planning Commission while being mindful at addressing pressing personal health issues. Based on this information,the Applicant agrees to an additional 30-days for Hearings Officer Song to prepare her report and ' ,' recommendation to the Windward Planning Commission. As always, should you have any other comments questions or concerns,please feel free to cal I Sue Lee Loy or myself at 933.1919. Regards, (.t .i i •fin :P IC.I ark ?F1 % s" y` Ted S. Hong, Esq. ` }4� P.a. box 4217 Y[ilo, tlawal'i 96720 Phone: (808) 960-3156 F_-mail: tedOtedhonglaw4086 William P,Kenoi Mayor y` r'l-�• Dwuw Katiuha Director Bobby Command •� �PWtY D[necrnr West[-Egwai`i Office Cast liawai'i(3�x�; 74-5044 Ant Kedwka}ole H Kaitua-Kona,.Hawui'i 96740 County of Ha�+'Ital`i 10 i Suite726 °hone(806)323-4370 �• "hone f 808)961-8288 +zae(838)327-3563 -LAS-MG DEPART!6a'i7 Fax(808)96'-8742 April 7, 2014 Dear Surrounding Property Owner: Discussion and Action on the Hearings Officer's Report and Recommendation 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, And Related Uses Tax ME Key: 2-5-006:141 This is to inform you that the above-referenced matter is scheduled for a public hearing by the Windward Planning Commission. Said hearing, among others, will be held beginning at 10:00 a.m. on Thursday,May 1, 2014, at the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street,Hilo, Hawaii. 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 Platming Department. Should you have any questions regarding the above, please do not hesitate to contact Jeff Darrow of this department at(808) 961-8158. Sincerely, /DtIANE KANUHA �/Planning Director cc: Tett H. S, Hong, Esq. Amy Self, Esq. Carter Sitz, Esq. - Mr. Jeff Gomes l"onr;V-aa-, in'acle.#);Yovza,rf --r,oder aid4r _. 4087 AGENDA WINDWARD PLANNING COMMISSION COUNTY OF HAWAPI 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, Hawai`i Revised Statutes, Section 6-7.5(a) of the Charter of the County of Hawaii, and the PIanning Commission's Rules of Practice and Procedure. DATE: Thursday, May 1, 2014 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: B2-II EDUCATIONAL TRUST (REZ 14172) Application for a Change of Zane from an Agricultural 3-acre(A-3a) and an Agricultural 1-acre(A-I a) to a Family Agricultural I-acre(FA-1a) zoned district for 3.012 acres of land. The property is located at the end of Ho`ohoaloha Street,approximately 1,500 feet south from its intersection with Ainaola Drive, Waiakea Homestead 2"a Series, South Hilo, Hawaii, TMK: 2-4-034:046. 2. APPLICANT: JASON DEPONTE (REZ 14-173) Application for a Change of Zone frum an Agricultural-3 acre(A-3a) to a Residential and Agricultural-I acre(RA-1 a) zoning district for 3.23 acres of land. The property is located along the east (makai) side of Kupulau Street approximately 100 feet south of its intersection with the driveway entrance to New Hope Christian Fellowship Church, portion of Waiakea Homestead 2d Series, South Hilo, Hawaii,TMK: 2-4-038:012 3. APPLICANTS: RICHARD AND CINDY VOGEL (Amend SPP 09-077) Amendment to Special Permit No. 09-077 to increase the number of permitted bed and breakfast bedrooms units from one (1) bedroom unit to three (3) bedroom units. Special Permit No. 09-077 was originally approved to allow the establishment of a 1-bedroom bed and breakfast establishment within an existing 4-bedroom single family dwelling situated on 1-acre of land within the State Land Use Agricultural District. The property is located at 13- 3357 Ho`okupu Street, Leilani Estates Subdivision, Keahialaka, Puna, Hawaii, TMK: 1-3- 31:66. 4088 NEW BUSINESS— 9:30 a.m. 4. APPLICANT: JOHN HABERMANN (SPP 14-159) Application for a Special Permit to establish an auto repair shop on .91-acre of land situated in the State Land Use Agricultural District. The property is located on the southwest side of 33`d Avenue, approximately 1,000 feet northwest of its intersection with Maku`u Drive, Hawaiian Paradise Parks Subdivision, Kea`au, Puna, Hawaii, TMK: 1-5-016:169. 5. INITIATOR, COUNTY COUNCIL (Bill No. 191) An ordinance amending Chapter 25, Article 5, Division 14 of the Hawaii County Code 1983 (2005 Edition, as Amended)by allowing Village Commercial (CV)zoning district uses within the Limited Industrial (ML) zoning district. 6. INITIATOR, COUNTY COUNCIL (Bill No. 192) An ordinance amending Chapter 25, Article 5, Division 14 of the Hawaii County Code 1983 (2005 Edition, as Amended) by allowing Village Commercial (CV) zoning district uses within the Industrial-Commercial Mixed Use(MCX) zoning district. UNFINISHED BUSINESS— 14:00 a.m. 7. APPLICANTS: CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL/ CBESS (SPP 12-138) Discussion and action on the Hearings Officer's report and recommendation 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. 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. MINUTES Approval of Minutes of the April 3, 2014 meeting ADMEN1ISTRATIVE MATTERS 1. Status of applications heard by Windward Planning Commission that are pending before County Council, ANNOUNCEMENTS 2 4089 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. 3 & 4 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, 10.1 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.us). Anyone who requires an auxiliary aid or service, other reasonable modification, or language interpretation to access this meeting please contact Sarah Hata-Finley(961-8157) 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 Count},is an Equal Opportunity Provider and Emplgver. WINDWARD PLANNING COMMISSION RONALD GONZALES, Chairperson (Hawaii Trib-une Herald; Friday, April 11, 2014) (West Hawaii Today; Friday, April 11, 2014) 3 4090 TM K(3)2-5-027:053 TM K(3)2-5-027:054 TM K(3)2-5-027:055 Karl Tsuchiya Paul and Shawn Paiva Garret Komatsu 1175 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 TM K(3)2-5-027:047 TMK(3)2-5-027:057,007 June Inouye Trust Melvin and Evelyn Kanja 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 011velra TMK(3)2-5-027:009 TMK(3)2-5-027:042 Manuel Oliveira Ill Michiko Yahata David and Lauri Mattos Manuai Oliveira Jr. 1150 Kaumana Drive 98-459 Hoono Street 1209 Kaumana Drive Hilo, Hawaii 96720 Pearl City, Hawaii 96782 Hila, Hawaii 96724 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 Robledo Trust PO Box 116 Post Office Box 294 1260 Kaumana Drive Pepeekeo, Hawaii 96783 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. Hashide Hajirne&Aileen Shinjo 1266 Kaumana Drive 1280 Kaumana Drive 1272 Kaumana Drive Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-017:039 TMK(3)2-5-027:037 TMK(3)2-5-027:038 Stanley Fuiisawa Tammy Fujisawa Ryan &Aimee Kaneko Jan Yokoyama Curtis Fujlsawa 1294 Kaumana Drive 1300 Kaumana Drive Minerva Fuiisawa Hilo, Hawaii 96720 Hilo Hawaii 9b771020 Hawaii 96720 1296a 9 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 site Engineering, Inc Leandro&Wand Cfuiocho 6 Pokole Way c/o Masutani MK 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 YChock Trust Theone Keam Yung Chock 1100 Launa Street 555 Naniakea Street 1051 Haamaikal Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 Honolulu, Hawaii 96817 TMK(3)2-5-027:030 TMK(3)2-5-027:010 TMK(3)2-5-027:011 Wesley and Sandra Takal 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 4091 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 Ext. 1222 B. Kaumana Drive Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-040:009 TMK(3)2-5-044;011 TMK(3)2-5-040:010 Noriaki Otani,Eujie Otani Doreen and Tara Leao Kelli Jennifer Leihua Tomota Brae}Otani,Max Otani Shawn Paiva 1503 Kaumana Drive PO Box 2155 1489 Kaumana Drive Hilo, Hawaii 96720 Volcano, Hawaii 96785-2155 Hilo,Hawaii 96720 TM K(3)2-5-040:008 Ellen Etsuko Hlrayama,Ellen Setsuko Hirayama TMK(3)2-5-040:007 TMK(3)2-5-040:006 Kimiko Kitamura,Susan Kitamura Frances and Richard Oldfield Jewels and Mark Almeida Tadayuki Kitamura,Wayne Kitamura 1479 Kaumana Drive 1473 Kaumana Drive 561 Alihi Place Hilo,Hawaii 96720 Hilo, Hawaii 96720 Kailua, Hawaii 96734 TM K(3)2-5-040:005 TMK(3)2-5-040:036 Chiseko Yoshimura TMK(3)2-5040:035 Brendan J. and Melissa Johnson Gary Yoshimura David Hasegawa 2417 Oakenshield Road,Apt 10 1441 Kaumana Drive 250 N.Judd Street Davis CA 95616-2962 Hilo, Hawaii 96720 Honolulu, Hawaii 96817 TMK(3)2-5-040:004 TMK(3)2-5-040:003 TMK(3)2-5-040:002 Anne Tiogangco Calvin Enoki George Kaitoku Jordan Tiogangco Sandra Sayama-Enoki Joyce Kaitoku 1391 Kaumana Drive 1381 Kaumana Drive 1375 Kaumana Drive Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-040:401 Dain Oblero TM K(3)2-5-040:040 Sean Oblero TMK(3)2-5-040:039 Mark Kitagawa Henry Rezentes Bryson Toma 1101 Malanani Place Raquel Rezentes 1374 Kaurnana Drive 1367 Kaumana Drive Hilo, Hawaii 96720 Hilo,Hawaii 96720 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 iwase 1027 Kagawa Street 1468 Kaumana Drive 142 Puhili Street Pack Palisades, California 90272 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-040:042 TMK(3)2-5-014:048 TMK(3)2-5-040:018 Martha and Francis Rodilias Albert and Sharon Chong Leslie and Betty lean Botelho 50 Akala Road 6 Chong Street Apt A 78 Akala Road Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TM K(3)2-5-040:019 TMK(3)2-5-040;013 Marc Butz TMK(3)2-5-040:020 Karen and Lloyd Rubio Desiree Butz Shawn and Jeanie Flood 226 Akala Road 55 Akala Road 1600 Kaumana Drive Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TM K(3)2-5-014:005 TMK(3)2-5-040:013 TMK(3)2-5-014:001 Lam Doan Albert Chong Wallace Chong'frust Nghie Nguyan Sharon Chong 74 Ponahawai Street 33 W Naauao Street 1476 Kikiaha Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 4092 N".f TMK(3)2-5-006-061 TMK(3)2-5-006-003,12 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 96720-1832 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 Moaniala Street 282 Edita Street Hilo, Hawaii 96720 Honolulu, Hawaii 96821 Hila, Hawaii 96720 TMK(3)2-5-061-032 TM K(3)2-5-061-031 TM K(3)2-5-061-029 Roxanne-Joy Cano Sataiia Lorna and Neil Yamashiro Alan and Patsy Iwasaki 272 Edtta 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 Kalani Gomes TMK(3)2-5-061-002 Ivan S. Mochida Trust Wendy Keiko Gomes Glenn and Karyn Tada 77 Kukila Street 281 Edita Street 259 Edita Street Hilo, Hawaii 96720 Milo, Hawaii 96720 Hilo, Hawaii 96720-1707 TM K(3)2-5-061-003 TM K(3)2-5-061-012 TM K(3)2-5-061:011 Lester 0.Oshiro Chun Y Akamine,Trust Lorrin T and Margareta Araujo 25-121 Pukanaia Street 1360-D Mete Manu Street 1358-D Mete Manu Street Hilo, Hawaii 96720-1344 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-061;010 TMK(3)2-5-061:013 TM K(3)2-5-061:014 Aileen and Sidney Fuke Douglas Shiro Bevington Family Trust 1358 C.Mete Manu Street 1360 C. Mele Manu Street 1360 Mete Manu Street#B Hilo, Hawaii 96720 Hilo,Hawaii 96720 Hilo, Hawaiii 96720 TMK(3)2-5-061:017 TM K(3)2-5-061:018 TM K(3)2-5-061:019 Brenda and David Camacho Felson Nishimoto&Patty Kiyoko Omoto Allen and Layne Novak 1414 A Mele Manu Street 1414 Mele Manu Street, Apt 8 1414 C Mete Manu Street Hilo, Hawaii 96720 Milo, Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-061:020 TMK(3)2-5-061:021 TMK(3)2-5-061:030 Elain LudofF, Steve and Patricia Wilhelm Brice and Christine Takata Mark Chun & Marianne Takamiya 1416 C. Mete Manu Street c/o 777 Ainako Avenue 250 Edita Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-061:022 TMK(3)2-5-061;041 TMK(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 TMK(3)2-5-061:043 TMK(3)2-5-061:044 TM K(3)2-5-061:045 Daniel Robert Hudak Franklin & Virginia Veriato Gary&Jacqueline Murai 1488 Mete Manu Street 1500 Mele Manu Street 299 S. Alu Road Hilo, Hawaii 96720-1794 Hilo, Hawaii 96720 Wailuku, Hawaii 96793 4093 , TMK(3)2-5-061:046 TMK(3)2-5-061:107, 111, 105,104,103,102 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 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TM K(3)2-5-061:048 TM K(3)2-5-061:047 TM K(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)2-5-061:069 TMK(3)2-5-061:070 TMK(3)2-5-061:071 Glenn & Gail Ogawa Michael, Pam, Lee Botelho Trust Raymond Yamane 1495 Mele Manu Street 1485 Mele Manu Street 1473 Mele Manu Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-061:072 TMK(3)2-5-061:073 TMK(3)2-5-061:026 Gary & Rochelle Yamashita Erwin &Julie lida Lester Sakamoto 1457 Mele Manu Street 1449 Mele Manu Street 1439 Mele Manu Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TM K(3)2-5-061:025 TMK(3)2-5-061:024 TMK(3)2-5-061:016 Michael&Claudia Ignacio Jon & Patti Tokuuke Eric& Barbara Shozuya 1411 Mele Manu Street 1395 Mele Manu Street 1380 Mele Manu Street Hilo, Hawaii 96720-1795 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-061:015 HHI_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 5treet Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-061:007 TMK(3)2-5-061:006 TMK(3)2-5-061:005 Bryan Hiroaki Family Sugiyama John &Gail Kimura Kelly Leong&Alyson Kakugawa Trust 72 Palua Loop 1300 Mele Manu Street 1290 Mele Manu Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-G61:004 TMK(3)2-5-011:011 Wataru Hirano TM K(3)2-5-061:080 Fancy/Masaru Nagai Trust PhyRlis Sano Naomi Hirano-OmizoT►ust County of Hawaii Nancy Nagai Shinae Hirano 25 Aupuni Street 1035 Kaumana Drive 235 Edita Street Hilo,Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-011:012 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 37413 New River Canal Road 1053 Kaumana Drive 1065 Kaumana Drive Geismar, LA 70734-3342 Hilo, Hawaii 96720-1715 Hilo, Hawaii 96720-1715 TMK(3)2-5-011:015 TMK(3)2-5-011:016 TMK(3)2-5-011:017 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 96744-0529 Hilo, Hawaii 96720-1726 4094 tA,,, TMK(3)2-5-011:019 TMK(3)2-5-011:018 Thomas Spencer Trust TMK(3)2-5-011:020 John Howard Rushiow New Tan Spencer Decd Aiko and Cyrus Wilson 1147 Kaumana Drive 1110 Kaumana Drive 1090 Kaumana Drive Hilo, Hawaii 96720-1717 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-011:009 TMK(3)2-5-011:038 and 039 TMK(3)2-5-011:021 Christopher Grave Hardenbrook John Carvalho Correa Family Trust Leslie Elizabeth Sears 1131 Kaumana Drive 1068 B. Kaumana Drive 1013 Kaumana Drive Hilo, Hawaii 96720 Hilo, Hawaii 96720-6733 Hilo, Hawaii 96720 TMK(3)2-5-011:010 TMK(3)2-5-011:024 Janeta tSasa arra TMK(3)2-5-011:023 Randall Henry Montandan Janet Sasamura Sandra Leong Clifford and Linda Zane Tuyet Kunishige Craig Sasamura 553 H51ei Place 6132 Braeside Court 1023 Kaumana Drive Hilo,Hawaii 96720 Wailuku, Hawaii 96793 Las Vegas, NV 89130-1384 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 96720-1716 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 Trust Caravalho 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)2-5-027:003 063,064,065,066,067 c/o Yamamoto,Else CO-TTEE Randal Okutsu Trust Edith Mitsunaga Trust 1245 Kaumana Drive 1876 Hale 0 Kea Street 3572 Nipo Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 Honolulu, Hawaii 96822 TMK(3)2-5-027,024 TMK(3)2-5-027:025 TM K(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 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-027;070 TMK(3)2-5-027:005 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 Hilo, Hawaii 96720 Hilo, Hawaii 96720 Honolulu, Hawaii 96817 TMiK(3)2-5-027:043 TM K(3)2-5-027:044 TM K(3)2-S-027:045 Catalina Perez Henry and Norine Okuhara Jason and Jennifer Turner 1209 A. Kaumana Drive Post Office Box 946 1209 C. Kaumana Drive Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720-1719 4095 l TMK(3)2-5-011:022 TMK(3)2-5-011:043 TMK(3)2-5-061:015 Charisse Correa AFLP, LLC HtHL Melemaru LLC Sheral Correa-Pacheco RR2 Box 3918 162 Kinoole Street Suite 201 1064 Kaumana Drive Pahoa, Hawaii 96778-9740 Hilo, Hawaii 96720 Hilo, Hawaii 96720-1716 TMK(3)2-5-061:101 Alika and Loren Germano TMK(3)2-5-027:005 TMK(3)2-5-027:007 Thomas Agliam Sandra Sato Bryson T. and Lorna T. Kuwahara 23 Alahelenui Street 1213A Kaumana Drive 1142 Kaumana Drive Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 4096 SANDRA PECHTER SONG : ,:T ATTORNEY AT LAW 7"; 10 Kamehameha Avenue �, ,, � �` _ ��. 0 Hilo, Hawaii 96720 u Telephone: (808)933-9212 Fax: (808)935-4853 LETTER OF TRANSMITTAL To: Daryn Arai Date: April 7, 2014 Jeffrey Darrow County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 From: Sandra Song Re: In the Matter of Connections New Century Public Charter School and Community Based Education Support Services SPP No. 12-000138 We are sending you ( X ) attached ( ) under separate cover the following items: • Two copies of Hearing Officer's Report; Certificate of Service, dated April 7, 2014 [ X ] For your information/file [ ] For payment [ ] For review and comment [ ] For signature in black ink and return [ ] For your reference [ ] Per your request [ ] For signature in black ink and [ ] Per our conversation forwarding as noted below [ ] For your approval [ ] For filing or recording [ ] For necessary action [ ] SEE REMARKS BELOW REMARKS: 091051 . 4097 w SANDRA PECHTER SONG 1552 10 Kamehameha Avenue �- Hilo, Hawaii 96720 r 3 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. 12-000138 } } 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. Hong. 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 .leffrey K. Gomes (hereinafter "Games"), represented himself1)ro 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 09101 4098 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 Background 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 stridents 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, 2103. 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 Cor adoption by the Commission at its meeting of Marcia 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 4099 7 7) -, 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. $. 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 II. 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 elder 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, library/resource 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 Karnehameha Avenue, in downtown Hilo, and the high school is located 3 4100 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 constricted 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 eva4uating 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 TIAR found that the current level of service or I,OS operates as LOS "A" or"B", meaning that the traffic service is 4 4101 uncongested. The TIAR 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. 19. Notwithstanding the findings of the TZAR 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 TZAR was four years old and the traffic counts contained in the TIAR 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 Fdita 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 4102 requirements of the State of Hawaii Department of Health (hereinafter "DOH"). Connections prefers installing an ecological/biological wastewater system called the "Living Machine". However, should such a system prove to be unfeasible, Connections would install a traditional septic system with leach Melds or any other system required by DOH. DrainaF-e 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 blood 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. III. 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-l a, 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 4103 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 IS 80-188 1. 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 l l native plant species, but none of those species are considered protected species. 33. Invertebrate, mammalian and f=ield 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 ("LL'PAG") Map designates the Property for low density urban uses. The LUPAG designation of Low Density urban use, allows for residential uses, with anvil lary 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 4104 37. The County of Hawaii zoning for the Property is Agricultural with a minium lot size of one-acres (A-la). 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 a6herence to representations made by the applicant." 41. Planning Commission Rule 6-7, provides, in pertinent part, that "�t]he Commission shall not approve a Special Permit unless it is 8 4105 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. V1. APPLICA"PION 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 4106 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. 241s, elate 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 4107 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 rises. F. Alteration or Chanye 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. ll 4108 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 compatibi4ity 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 4109 ' R • �.� meq. 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 Seryi es be denied. DATED: Hilo, Ilawaii, OFV4 1 SANDRA ACl TER ON G' fIearing Officer 13 4110 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 ) T _ } 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'a)tedhonglaw.com) P. O. Box 4217 Hilo, Hawaii 96720 Attorney for Applicant Community Based Education Support Services Carter K. Siu, Esq. (Carter.K.Sivahawaii.gov) Deputy Attorney General State of Hawaii 235 South Beretania Street,Room 304 Attorney for Applicant Connections New Century Charter School Amy G. Self, Esq. (aself!d;co.hawaii.hii.us) Deputy Corporation Counsel 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 Attorney for County of Ilawaii Planning Director 4111 Jeffrey K. Gomes (kalanigomes�hawaiiantel.net) 281 Edita Street Hilo, Hawaii 96720 Intervenor pro se Daryn Arai (daraigeo.hawaii.hi.us) Jeffrey Darrow (jdarrow c co.hawaii.hi.us) County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Windward Plannin Commission Staff DATED: Hilo, Hawaii, JAI SANDRA PECHTER SONG Hearing Officer 2 4112 56 x H ri t�+u: 4i uv Q > s, w x cn N 0 o ID3 .j V N 4[ O r; O Cl1 C u� r� Ti C? ri l•, �� ry j 171 rJ 4113 7 7 j T-IT 2- "16 o � zR tv M LA rj Lu CL > @ WL ILIGr -o 3 0 Lo W .Ni rj 0 0 Ln r I yr 41 T'4r y SANDRA PECHTER SONG ATTORNEY AT LAW 10 Kamehameha Avenue Hilo,Hawaii 96720 Telephone: (808) 933-9212 Fax: (808)935-4853 April 17, 2014 Mr. Daryn Arai Planning Commission County of Hawaii 101 Pauahi Street Hilo, Hawaii 96720 Re: SPP No. 12-000138 Connections New Century Public Charter School and Community Based Education Support Services TMK: (3) 2-5-006-141, Kaumana, South Hilo, Hawaii Dear Mr. Arai: Enclosed you will find the entire record in the above entitled matter. The record includes the two volumes, containing pages 1 through 2205,you provided to me when I first accepted the position as hearing officer in this case. Also included are the following files: • Pleadings • Parties' Exhibit Lists and Exhibits • E-mail communications • Miscellaneous correspondence • Public Testimony I am also including the five volumes of the original transcript of the proceedings for October 21, 22, and November 12, 2013, and January 8 and 22, 2014. Also included are condensed versions of these transcripts together with indices. In addition, I am including computer discs containing copies of the transcripts which were provided by the court reporter. Please note that there is neither a condensed transcript not a computer disc for the January 22, 2014 hearing because of the brevity of the hearing. I am also providing you with a jump drive that contains all of the above listed documents, including the transcripts. The documents on this drive have been Bates-stamped for your convenience, beginning with Page No. 2206. The files on the drive are numbered consecutively. On April 7, 2014, all of the parties and you were served, via e-mail and postal mail, with my hearing officer's report in this matter, which included proposed findings APR 2 33 �- 4115 Mr. Daryn Arai Planning Commission County of Hawaii Aprii 17, 2014 Page 2 conclusions of law. As we discussed, I intend to be present at the Planning Commission hearing of May 1, 2014, so that 1 may answer any questions the Commissioners may have. It has been a pleasure working with you and the other members of the Commission staff, and I want to thank you for your consideration in retaining me in this tter. Very tru ours, S r P. Song Enclosures 4116 8099359281 / 11-fLllq�a,m. 04-17-2014 9132 ` REQUEST TO ACCESS A GOVERNMEI4T'R_C0RDT 1 DATE: April 17,2014 TO: Planning Commissioner Stephen Ono,c/o County of Hawaii Planning department FROM: Ted H.S. Hong,Esq. Contact Inrormatinn.Post Office Box 4217,Hiln, Hawaii 96720:933.1919;email:tcd(n.tedlionglaw_com Although you are not required to provide any personal information, you should provide enough information to allow the agency to contact you about this request. The processing of this request may be stopped if the agency is unable to contact you. Therefore, please provide any information that will allow the agency to contact you (name or alias,telephone or Fax number, mailing address,e-mail address,etc.). I WOULD LIKE TH14C FOLLOWING GOVERNMENT RECORD: Describe the government record as specifically as possible so that it can be located. Try to provide a record name, subject matter, date, location, purpose, or names of persons to whorl the record refers, or other information that could help the agency identify the record. A complete and accurate description of the government record you request will prevent delays in locating the record, Attach a second page if needed. Any and all personal documents and correspondence memoranda, letters, correspondence, personal emails within the past two (2) years to present(July 25,2012 to present), that mentions 4 CONNECTIONS and/or COMMUNITY BASED EDUCATION SUPPORT SERVICES and its plans related to the Special Permit Application (SPP No. I2-000138) to/from and/or between any individual from the attached list. I WOULD LIKE: (please check one or more of the options below) ❑ To inspect the government record. ❑ A copy of the government record: (Please check one o f the options below.) See the back of this page for information about fees that you may be required to pay for agency services to process your record request. Note:Copying and transmission charges may also apply to certain options. +]Dick up at agency (date and time): ❑Mail ❑Fax(toll free and only if available) ❑Other,if available(please specify): ❑ If the agency maintains the records in a form other than paper, please advise in which format you would prefer to have the record. ❑ Nectronic ❑ Audio ❑ Olher(please specify):_ _� _ _ ❑ Check this box if you are attaching a request for waiver of Fees in the public interest r� ---- v---._ (see waiver information on back), f€ ,.."4(,,A N rVF 'r SEE BACK FOR IMPORTANT INFORMATION UP I (rev.9112/01) -' - 4117 8089358281 F 11a.m. 04-17-2014 10132 P rl • TMK Owners) Owner's Mailing Address JStreet Address of TMK 2-5-006:003 State of Hawaii NIA Segawa,Wesley R 19 Puuko Street 006:052 Segawa,Phyllis E Hilo, Hawaii 96720 N/A 0 . Kdds aeveiaprrient. 616 Moaniata.;Strd# 2f0 061 clo.lames•,Pappas;Treasurer Hoolutu;_Hewer" 6821, EIA. 1352 Kilauea Avenue "2-5-006:160 8rOhante-1-1awar'i,Inr. Hilo,Haw"r"720 Pualnako Street Ext 616 Moanlals Street 2-5-006:151 17a s,Madlyn J,Trust Honolulu,HavmU 96821 WA 282 Edita Street 2-5-061:033 Rlls .Randall A Hila,Hawaii 96720 282 Edita Street 272 Edita Street 2-6-061:032 nne-joy Cano hila,Hawai 98720 272 Edna Street Yarneshim,Loma Y 50 ManuleleStreet 2-6-061:031 Yamashiro,mail Hilo,Hawall 96720 264 Edda Street Iwasaki,Alan 232 Edits Street 2-5-061:029 Iwasaki,Patsy Hilo,Hawaii 96720 232 Edita Street _ 77 Kukila Street 2 -061;028 Mochida Ivan S.'Trust Hilo, Hawaii 96720 224 Edita Street r Gofrles,Jeffrey,Kahn! 281 Fdita.Street 2-5.061:001 Gomes,Wendy Kelko Hilo,Hawaii 96720 281 Edtta Street Tada,Glenn K 259 Edna Street 2-6-061:002 Tada,Karyn N Y Hilo, Hawall 96720 1259 Edita Street 1416 Pu'u Ale Place 2 .061:003 Sakamoto,Ernest A Trust Hilo,Hawaii 56720 NIA 1360-D Mele Manu Street 61;012 Akarnine, Chum YTrust pito,Hawall 96720 1360 D Male Manu Street Arauld,Lsarin T 1858-D Mole Marey SfieAt 2-6-061:011 Ara o,MaMareta dila,Hawak 96720 1368 D Mele Manu Street Fuke,Aiteen S 1358 Mele Manu-Street,Apt C 2-5r061:010 Fuke,Side M Hilo,Hawaii 96720 1359 C Mete Manu Street 1360 C Mele Manu Street 2--061:013 ShiroDouglas T Hilo,Hawatl 86720 1360 C Mete Manu Street 1360 Mole Manu Street#B ir&W1:014 Bean n Farnyy Trust Hilo,Hawaii 96720 1360 8 Mele Manu Street Carnaft,l3rerida M 1414-0 Mels nu Street 2.3-061:017 Camacatro,dwM W it mto,HAWQ 96720 11414 A Mete Manu Street Nlatilrnob,Netson N 1414 Melo Manu Street,Apt.B 2-6-061:018 Qrnob,Pally KOM Hilo,Hawaii WM 1414 B Mele Manu Street Novak,Allen!. 414 C Mole Manor Street 2-5-061:019 Novak,Layne Y M ti8o,Halrrati 96720 1414 C Male Martu Shed LudA Ekdne L H Vfteim,Steve K 1416 C Mete Menu Street 2-&-061:020 11 uhmm,Patrma J Hila,Hawaii 98720 1416 C Mele Manu Street Takata,Brice Hiroshi cfo 777 Aktako Avenue 2-5-061:021 Takata,Christine Lesko Milo,Hawaii 96720 1416 B Mele Manu Street Chun,Marts Richard 260 Edita Street 2-M61:030 Takamtya,Marianne Yasuko Hilo,Hawall 96720 254 Edda Street P.O.6ox 6915 ` 5-061:022 Herzog, Markus 2010 Trust Hilo, Hawaii 96'720 1416 A Mele Manu Street .�.. . _ .. . 1464 Mole Menu-Street- 061:041 enu-Street 061:041 Mak,TR Hilo,Hawall 96720 1464 Male Manu Street Arzaga,Noemi L 1468 Mele Mardi Street T4061:042 jArzags, Rudy D Hilo,Hawan 98720 11468 Mete Manu Street 1759 4118 80893582814 11;n5 a.m. 04-17-2014 11/32 f . 1488 Mete Manu Street 5-061:043 Hudak, Uartiel Robert Hilo,Hawaii 96720 1488 Mete Manu Street Verlato,Franktin D 1500 Mele Manu Street 61:€)44 Veriato,Virginia L Hilo,Hawaii 96720 1500 Mele Manu Street Murai, Gary 299 A.Alu Road 21:045 Mural,Jacqueline K Wailuku,Hawan 96793 1510 Mele Manu Street Kanahele,Klp Masao 1520 Mese Manu Street 2-5-061:045 Kanahele,Valerie-Ann Lelko Hilo,Hawaii 96720 1520 Male Manu Street 1342 lGlaues Avenue 2-"-061:106 Brithante-Hawaii Inc. Hilo,Hawan 96720 KrWano Street 1342 Klauea Avenue 2-5-061:105 Brilhante-Hawall,Inc. Hilo,Hawaii 96720 MSd2no Street 1342 Muea Avenue 2-5-061:104 Brilhan"awaii Inc. Hilo,Hawaii 96720 Wsbano Street 1342-Kilauea Avenue 2-5-061:103 Brilhants-Hawaii Inc. Hilo,Hawat 96720 Mstlano Street 1342 Kilauea Avenue 2-5-061:102 Brlihante-Hawaii Inc. Hilo,Hawaii 96720 Kriseano Street 1342 Klauea Avenue 2-5-061:107 . Brilhante-Hawat,Inc. Hilo,Hawa1186720 Kristiano Street Truesdell,Jael W 250 Kristiano Street 2-5-061:049 'Truesdell,Elizabeth French Hilo,Hawat JB720 250 Kristiano Street Santos,Robert J Tr 1540 Male Manu Street 2-5-061:048 Santos,Celeste G Tr Hilo,Hawaii 96720 1540 Mele Manu Street Wilson,Lee Michael Morita 11536 Mele Manu Street 2-5-061:047 Wilson,AdOBnn Misae Morita Hilo,Hawaii 96720 1536 Mele.Manu Street 243 Mikala Street 1:088 Kimura, Law L Hilo,Hawaii 96720 3 Mikale Street Ogawa,Glenn 1495 Male Manu Street 2-5416'1;069 KbR)*O awa,Gall H Hilo,Hawair 96720 1495 Male Manu Street Bishop,Michael Klzak, Pamela Ttust 1485 Mele Manu Street 2-54)61:070 Botelho,Lee Uilani Hilo,Hawail 96720 1485 Mele Manu Street 1473 We Manu Street 2-5-061:071 Yomane.Raymond Mao Trust Hilo,Howaii.96720 . 1473 Male Manu sheet amashtta,Gary M 1457 Mels lYlonu Street 2-5-061-.072 Yeffash ,Rochelle A Wo,Hawah 96720 1457 Male Manu Street lila,Engin Y 1449 Mete . Street r 2414061;073 Lam-fes,Julie C Y t-�k i4m ail 9mo 1449 Mele Manu Sheet 1439 Mdle Manu 8biet 2--061:026 I Sakamotfl Lester S Trust Hilo,Ha"96720 1439 Mole Manu Street v Ignacio,tit L 1411 Mede Manu Strad 2-5-061:025 t nadlo,Claudia D Hilo,Hawn 96720 1411 Male Manu Street Tokuuke,Jon P 1395 Male Manu Street 2-&MI:024 Talm-Tokuuke,Patty H Hib,Hawaii 96720 1395 Male Manu Street Shmup,F-fic M 1380 Mete Manu Stmt V 2-"61:016 Showye,9arbara L Hilo,Hawaii 96720 1380 Mele Manu Street efo Dana Kenny Hawelian Island Homes Ltd 162 Knoole Street;Ste 201 2-5-061:015 HIHL Melemanu LLC Hllo, Hawaii 96720 1360 A Mete Manu Street Yokota, Melvin H 135&A Mete Manu Street til:008okota,Jen' Hila,Hawaii 98720 1358A MetrrMatu'Strget i Kanemoto,Wayne K Trust 13668 Male ManuStreet �- -061:009 Kanernoto,Amy Emlko Trust Hilo,Hawaii 96720 1356 B Mele Manu Street 1760 4119 8089 3 58 2 81 ' 1lltokl a,m. 04-17-2014 12!32 72 Palua Loop 2&61.006 Su ' arna,Bryan Hiroaki Famll Trust Hilo, Hawarf 96720 NIA Kimura,John T Td'EE 1300 Mele Manu Street Kimura,Gall K Trust Kilo, HaweA 96720 1300 Mele Manu Street 1290 Mele Manu Street /12-6-061:005 Leon , Kelly 1 Alyson Y Kaku awa Trus Hilo, Hawafr 96720 1290 Mele Manu Street Hirano,Wataru Sano,Phyllis Anne r Hirano-Omizo, Naomi Y Trust 235 Edits Street 2-5-061:004 Hirano,Sh€nae Hilo,Hays!!96720 235 Edlta Street . 2-6-061:038 various Road I2-5-061:039 various Road 25 Aupuni Street 2-5-0B1:080 County d Hawaii H116,Havvalf 967.20 Road i agaf,Masaru/NancyTrust 1035 Kaumarta Drive 2-5-011:011 Nagai,Nancy Hila,Hawaii W720 1035 Kaumana Drive Clfng,,Carroll D 1085 Kaumana Dfte 2-5411:012 Cling,Donnie Faye Hilo,Hawaii 98720 1045 Keumana Drive Papal€mu,Joseph Kalml 1053 Kaunnans Drive 2-5-011:013 Papalimu,Kahfofani Juanita Hilo,HawaC 96720 1053.Kaumana Drive Fergerstrom,Norma R 1065 Kaumana Drive 2-5-011:014 Fegerstrom,Arnold TR Hilo,Hawair 96720 1065 Kaumans Drive Crivello,Ronald Anthony 1073 Kaumana Drive 2-5-011:415 GrWallo,Loretta Alejandra H lo,Hawau W720 1073 KCaurnana DrWe Seta,Mark M P.Q.Box 529 011:016 ISato,Melissa A Kaneohe,Hawaii 96744 WA f 20 Wawai Loop 11:017 Fergerstrom,Amold TR Hilo,Hawaii 96720 1139 Kaumana Drive M7 umana Drive 2-5-011:018 Rushlow,John Howaid Hilo,Haweu 96720 1147 Kaumana drive Spencer,Thomas 5 Trust 1110 Kaurrana Drive 2-6-011.019 Spencer,New Tan Decd Hllo,Hawaii 96720- 1110 Kaumana Drive Wilson,Aiko T 1090-A Kaurriana;Drive 2-0-011:020 WbW, S H Hilo,HawaiQM0 1090-Kaumana[hive 1131 Kaumana©rive 2-5-011:038 Carvalho,Joan G HUo,Havval 96720 WA(flume 1131 Kaurnana Drive 2-5-011:039 Gamlho,John G Hilo,HowE R 96720 1131 Kaumana Drive do Barbara Brfckiwood-Comes 1068 B Kaumaw Drive 2-5-011;043 Comm Family Trust Hyo,Hawaii 9872{ 1074 Kaumana Drive =: 1a4'tfe . _isist'aVE!eiGrave '.tO1.MA SIS t+,f.L;�.-�_ .J: �"0.• - p fi� N .. ``� K -�i+�1�ir��:• �a�� rt�l: ' ilrlD'�yilie _ �Qs,:•' 1{�1r�.+w4C eigF sa(ft[r H ' ' i3-1 Drive 2 -(211:910. asariiur ..rr�ig 3_ l ilPr(i I -l2 '; 1023 iCaq ana ' • QIO,13a71rd�_SK%c ad-Corre2' • • -. 2 -011;021 Correa FalriIf T iEst Fiilb,fi :9 'l p:;._- 10EB Kaumana Drive. - _ �;asi�ra<BrickvjCbd�C.ortea „r "' MMM(n 00 di�t4}?2 ,. Cs3irea F81tiiC:,T�irst. H(I �:l•1aw;_#ii:ii X26_._ 1 &4 Kaiima !]ci�ie ►t 7-ahb,Gliffottd:KS ' S5 .HIIIei. a; ce' ; 2-6-1)11:09-3 . j da K 0 1NaiY fcii,r FlaWafi=98293.: 10'6G Kaiirtraria i3r`ive;. 1761 4120 8089358281 1' 10V a.m, 04-17-2014 13!32 P.D.Bax 166 i-011:024 Kusch,lkiatthias Walfrid Pepeakeo,Hawaii 96783 1040 Kaumana l3tive Phlllips,VVIIIlidm d Jr 1036 Kaumsna brive '-011:025. Swe-t-Phillf'.Pfenha:M HU6,Hawau 95720' 1036 Kaumana'Drive .. ._ T ak nd;Slialah l4tat5 l005Xt6maM 4r1ve 2-b f 1:04% : Nana o,;Qwen:7a a0i Hilo,.i�awan Si5120;, 1005 Kattlti'arta Dilve.. • _ Hiitc 5teveriJa"Md6' 4"Fort Datlis,�(reet.. .- 2=a 11 D41}:._:, • iiilzc ;_Kijri tn:dee; .: 5iritl:l7>"EII r:Gallfd is Q3on 105 9a3 C Kauriiari Drive Q71;o50•• Ai7iida,JwdAin R..Tru HiCa,MBNrar`��BX�D,° 993,9:,4ffidi�e." P.O.Sox 2463 2-5-027.021 Caravalho Family Trust Karlua-Kona,Hawaii 96740 1253 Kaumana Drive 3512 po Stmt 2,5-027:001 Mitsuns e.Edith S Trust Honolulu,Hawall 96922 1266 A Kaumana Drive o Yamamoto,Elise 0-'tTEE 1246 Kaumana Drive 2427:002 Yamamoto,i=u'e F Trust Hilo,Hawail 96720 1245 Kaumana Drive 1876 Hale 0 Kea Street 1-&027-003 Mutsu,Randal S Trust Hilo,Hawai186M 11223 Kaumana Drive 3512 Nipo Street 12-"27.058 Mitsuna a,Edith S Trust Honolulu,f#awaff 96822 1265 9 Keumana Drive 3572 Nipo Street 2-5-027:059 Mitsuna a, Edith S Trust Honolulu,Hawaii 86822 1265 C Kaumana Drive 3572 Nipo Street -[2-&027,060 Mitsuna a, Edith S Trust Honolulu,Hawaii 96622 1265 E Kaumana Drive 3672 Nipo Street 5-027:061 Mitsuda a,Edith 8 Trust Honolulu,Hawaii 96822 1265 D Kaumarra Drive 3572 Nipo Street 7:052 Mi#sun a,Edith S Trust Honolulu,Hawaii 96822 1265 F Kaumana Drive 3572 Nipo street 2-5-027.063 Mitsuna a,Edith S Trust Honolulu Hawan 96822 1265 G Mumma Drive 3372 Nipo Sbaet 2.5-027:064 Mhunaga,Edith S Trust: Honolulu,Hawal 96822 1265 H Kaumana Drive 3572 Npo ShW 2-5-027.-W5 MbunaM Edith S Trust Honolulu,Hawa9 96822 1265 M Kaurnana Drive Vol3672 Sheet 2-5-027:066 M' Edfth S Trust Ha vAukh Ha►e 196&22 11265 L Kaurnana Drive 3572 Wipo Sir" 2-5-027:067 Mbunaga,Edith S'Fri wH�onofull k Hawain 9�6y8,22 1285 K Kaumana Drive L7.; i , 'lsoT :. HiKIO(�r � i 1216"KatritiD. .' Wit'^•::. s. �b' '. -.- ': .': ..' -_ -.�.-� ^t ��ri}27 •_ 7eaoi ='l%Dean KyrTr��Ha+�iali �1215 Kaumans 10tive ADE C 2-5-027:028 t3sh ima,Else H Hilo,Hawaii 96720 1215 C Kaumana Drive Segews,Rodney Macy F 1216 D Kaumans Drive 2-5-021:027 Segawa,Susan Marie Hila,Hawaa 96720 1215 0 Kaumana Drive Ebesu, Royce T Jr 1215 G Kaumana Drive ' 2-"27:068 Ebesu,Jane L A Hilo, Hawaii W20 1215 G Kaumana Drive 1215 G Kaumana Drive *027:069 Ebesu Jane L A Trust Hila,Hawaa 96720 NIA road??S6pwa,-Radney M F. 1216 D-KAurnana'Drive27.070 Se awe,Susan Marie Hila, Hong 96720 N/A road??) j 1213 A Kaumana Drive 2-5-027:005 Sato,Sandra Hilo,Mauve!}86720 1213 A Kaumana Drive 1762 4121 .8089358281 * 11! 4 a.m. 04-17-2014 14132 Hasegawa,Edward K 250 N Judd Street " 2-5-027:046 Hasegawa,Caroline G C Honolulu,Hawaii 968 7 1211 Kaurnana Drive 1209 A Kaurnana Drive 1-027:043 Perez,Catalina A Hilo,,Hawaii 96720 1209 A Kaumana Drive Okuhara,Henry 5 P.O.Box 945 'f 2-5-027:044 Okuhara,Norine N Hilo,Hawaii 96721 1209 B Kaumana Drive Tumor,Mason Phillip 1209C Kaumana Drive 2-5-027:045 Turner,Jennifer Sims Hdo,Hawaii 96720 1209 C Kaumana Drive 823 Kaumana Drive 2-5-027.053 Tsuchiya,Karl K Hilo,Hawaii 96720 1175 Kaumana Drive Powe,Paul P 1169 Kaumana Drive' 2-5-027:054 Pafva,Shawn M Hilo,Hawaii 95720 1169 Kaumana Chive 1166 Kaumana Drive 2-5027:055 Komatsu,Garret Hilo,Hawaii 98720 1155 Kaumana Drive Inouye,Tetsuo Trust 2230 Apoepoe Street. 24-027:056 Inouye,June Trust Peart City,Hawaii 96782 NIA Gaya,MeMn h Trust 1170 Kaumana Drive 2-5-027:047 GoA 10yono Trust Hilo,Hawaii 96720 1170 Kaumana Drive V Kuwahara,Bryson T 1142 Kaumana Drive 2-5-027.057 Kuwahan%Loma T Nilo,Hawall 96720 1142 Kaurrrana Drive Kuwahara,Bryson T 1142 Kaumana Drive `r 2-5-027:007 Kuvrahara,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 Haono Street ,j2-5-027-009 Yahata,Michiko Pearl City,Hawaii 95782 1162 Kaumana Drive :.',•�;.; .; . .. M�tto�;p'avj�l;l�. PtQ �.��5���°-. ' � - ... - ... . . .'.:, . r` L' -_. - '12l]�ftaun}aria_brnre l [ui+I Ix-ay TrUp _Ba}r�i'I _ _ 4 44aKuizTnsst.. R _ ir.$6( 3. 193.F( uriist�abilve:. Nakamura,Bryce H P,Q.Box 294 2-5-027:034 Nakamura,Sh S Captain Cooky Hawaii 96704 1240 Kaumana Drive 1260 Kaumana Drive 2-5-027:035 Rabiedo,Paulette A Trust Hilo,Hwa-a 96720 1260 Kaumana Drive 1266 Kaumana Drive 2-5-027.036 Perraira i+amil 2008 Trust Hilo,He"967x0 1266 Kaumana Drive 11280 Kaumana Drive 2-&&7:014 Hoshide, MHai o,Hawaii 913720 1280 Kaumana Detre Stipa,H 1272 Kaumana Dsive 2-5-027:040 Shin' ,Aileen C Hilo,Hawai7 96720 1272 Kaumana Drive Kaneko,Ryan T 1294 Kauffma Drive l 2.5-027:037 Kenek%Aimee A Hilo,Hawaii 96720 1294 Kaumana Drive 1300 Kaumana Drive 2-5-027.038 Ya a,Jan K Hilo,Hawall 96720 1300 Kaumana Drive Fujisaws,Stanley K r Fypsawa,Tammy L Fujlsawa, Curtis S 1296 Kaumana Drive 2-5.027:039 Fg1svia,Minerva S Hilo,Hawaii 95720 12%Kaumana Drive /12-5-027.,016 State of Hewell Kaumana Drive 1348 Kaumana Drive �AdW-027:023' NakanTob,TsUN o-Trust Hilo;HaWill 96720' 1348'K90M-ally Dfte: - 1360 Kaumana Drive 7-027:Oi8 Otani,James M filo,Hamil 96720 11360 Kaumana Drive 1763 4122 8089358281 fi 11 a.m. 04-17-2x14 15132 Matsu, Russc-ll 1352 Kaumana Dive 5-027:041 Matsu, Lorraine H Hilo,Hawaii 96720 1352 Kaumana Drive 6 Pokole Way 027:020 Ota,Hiroshi/Shlzoho Trust Hila,HawMd 98720 N/A G ;Matifa' rfyIl K- 2- 42T.61 Eeeii Jliiik. 4 41 i i � EB77: ��30'ICaiitilaria:Cttive: �r . Vit; 9 .. •� _�i•;f�'� 2�;A..' ..t+.mana i3i�vi�•• is�x''-G� "Ste. :�.yT _,-5:- �-,15y � - Y .G Y -�S.•._ice. ,+.ri,2= a:i�_, 2:7sA78= .. foo`' 'leTtst 1 # �lirerfiv." • :a -;r.irr _ - res:•.-:.r:ti._ _ _ _ _ 41 ..1 - .•e. -r*: -_-.x_•° - -- 2=1 �7.-__.�.'t�-:�. -C�iOc(c-'Lau��Yi�'rii`ak:: - ':� 1 y, Q�;:::. :�2.58:i�iirana�]�ve,:.• _i `ui i_.X iu is 6JOUniana,oi�i(e Ni lb' riC*,',y�,•Fk:/'T"y;' �r�.: L �VyL�. •t':••" CC ���.:J.f.:J':'- - ..[:•5 ..I/f !J _*1.1"'-.:�.e. �i Ay . .w`"y'' �-� `:.t.^ '1`•n'-.:�.' ��,y.� -.5•-� .�.oC4�,. �i?e•I•�e�tli;Yi�n �:�_" ��.� i� b �•T�•. _ �'� :�u`.�:�fia.lS�e�:•_;..: r4••'� ��'.�s•Y.`- ' ,L,�4i�� ..:y1�� •.r,y�`.. � :`•� - ff" . i .` _• -.S• .C:r:i��� ?��i1 " � :© •: t rl-:idea .Yiti w 4: 52 iifiari .i]tiv?e: is�1,��_µr5�ti: - ,T ��+ �'�Y��'+�_`' '!.� _ QfyIYS 1 _pi" .._. '.• .,.:�-,•-�5...i:- I Ila hw ::�.i. �,1--k}e:iY-;};'r�'wr••1^- L °R• tea'" - - - 'J°_ - 02IQf a ICB[tji:. �70`.a 1,'8 ':Ktrra`pve.. WIN sY Al Il 15 1'19 IG iirrtana gnus . Seo"a,Herbert A '!2-54=071 Sqliawa, K t�1tA 2.5Q. 7.004 vatinus madway POW � �T'a`�)'.l`t:`. J.ei'-w.k%:. s L�iS":s."':`.'hfa. J'.•.-i :C _ 'F: .. _ �'Ltr�! " - ;. '` _ ter, .n•.,..�___ ''��� -- .- -w:�?j$�..:_T:C�.=�_:.:+-";-.�*;.•. ! 2-642.710. Chock,iaura lF Trust - NIA. - 'Y!S'�S,"wi. �. -i.'.. •R V�' iY t�N+'f-:S•"'i- ,V r M427:019 Atria,William KalaemaMni NIA madwa Lao,Tara Kelabhuaokslelani 1503 Kaurnana Drive LVI 2-5-040:611 Lee,Doreen Kanani Mo,Hawaii 98720 1503 Kaumane Drive 98 Kulaiaa Road f 2-5-940:010 Tomota,Kelli Jennifer Lelhua Hila, Hawaii 96720 1493 Kaurnana©rive 0iani, orl ki Otani, Fufie Otani,Brad Hiro -- Otani;maxliorio - 1489 Kamm Drive -040:009 Paive,Shawn Made I Hilo, Hawaii 95720 1489 Kaumana Drive 1764 4123 8089358281 �""" � 1+ N".Z1 a.m. 04-17-2014 16132 Hirayama, Filen Etsuko F. Hirayama,©len Selsuko Kitamura,Kimko Kitamura,Susan Setsuko Kitamura,Tedayuld 1479 Kaumana Drive 2-5-040:008 Kbmura,Wayne Kazuyuki Hilo,Hawaii 96720 1479 Kaumana Drive Oldpeki,Fflanc*s 1473 Kaumana Drive ✓2-5-040:007 Oldhetd,Pilchard Hilo,Ha+�a9i 96720 1473 Kaumana Drive Almelds,Jewels Anuenue 561 Alihi Place 2-5-040:006 Almeida,Mark ftlua,Hawall 98734 1461 Kaumana Drive Hennessey,Brendan J 1447 Kaumana Drive f 2-b-040:036 Johnson,Melissa Ann Hilo,Hawaii 96720 1447 Kaumana Drive Yds imura,Chiseko 1441 Xhumana Drive 2-54)40:006 Yeshlmura,Gary K Hilo,Hall 96720 1441 Kaumana Drive 250 H Judd Street 2-5.040:035 Hga2n,David A C Trust Honolulu,Hawaii 98817 1433 Kaumana Drive Tiogangoo,Anne A 1391 Kaurnana Drive ✓2-5-040:004 Tlogangoo,Jordan L Hilo,Hawaii 98720 1391 Kaumana Drive Enold,Calvin H Trust 1381 Kaumaine Drive -5040:003 Sayama•Enoki Sandra H Trust Hilo,HmWii 98720 1381 Kaumana Drive Kaitoiai,George M 1375 Kaumana Drive 2-5-040:002 Kaitoku,Joyce H Hilo,Hawaii 96720 1375 Kaumana Drive P.0. Box 4305 2-,5-040:MHinez,Matthew F Hilo,Hawaii 96720 1369 Kaumana Drive Oblero,Dain M Oblero,Sean W Rezentes, Henry J 1367 Kaumana Drive 040:001 Rezentes,F�aquel K Hilo,Hawaii 98720 1367 Kaumana Drive 1374 Kaumana Drive r 2-5-040:039 Tama,Byson Hilo,Hawaii 98720 1374 Kaumana Drive 10227 Ka;�gawa Sheet f 2-5-040:041 Shaver James R Pardo Palisades,California 1394 Kaumana Drive 1468 Kaulrom Olive 2-5-040:015 Loe-Chin ,Richard Trust Hato,HmWaP 95720 1468 Kaumana Drive Fujmoro,Byrdn 5 142 PuhM Street 2-5-040:014 Blase,SWdey T Hilo,Hawaii 96720 1488 K mmena drive Radlllas,Finals Herbert 50 Akan Road r 2 -040:016 Rodilles,Martha Ann Hilo,.HmrA96'720 1486 A IGaununa Drive Francis Herbert 50 Akela Road 2-&ID40:042 Rodlm Martha Ann ft,Hsi 98720 50 Akela Road Robin,Karan Lelko ZZs Akala Road 2-5.040:013 Rubio,tioycl.l Mb.Hmwg 9672Q 1496 Kaurnana Drive ✓ 2.5-040:Q12 State of HaNari Kaurnana Cave Park 1566 Keurnana Drive 55 Aida Road 2-6.040 0i9 Gi3n regodo,Desiree Hao,.Hawaii 96720 55 Akaia Road Flood,Jeanie L 1600 Kaumma Drive '✓ 2Z-040MO Flood,Shawn G Hila, HmMl#96720 1600 Kaumana I]rlve 78 , (trar trset' :5� �'4:E_1A1 rhl�ci V�-1far 1:Ttilst- 1��'! " ik�$713, i�l1A. larris�:G[ r1rfE:Triist $3,VIlR.Plati6#,Sti1"t�_t. =t)'C15g � WW'.V-Trust. Ctigrf' Q27t348 CHorig;_Siton i0.n�l HifRE. leik ( 4720: ti Ctfo7i .Sreti.. . 1765 4124 60$9958261 r" , 1 a.m. 04-17-2014 1 /32 REQUEST TO ACCESS A GOVERNMENT PECORD .E DATE;: April 17, 2014 TO: Planning Commissioner Raylene Moses,vo County of Hawaii Planning Department i FROM: Ted H.S. Hoag,Esq. Contact tnfarmation:Post Office gox 4217,Hilo,Hawaii 96720;933.1919;amail:ted(Rtedhonsfnw.cam Although you are not required to provide any personal information, you should provide enough information to allow the agency to contact you about this request. 'Che processing of this request may be stopped iF the agency is unable to contact you. Therefore, please provide any information that will allow the agency to contact you(name or alias,telephone or fax number, mailing address,e-mail address,etc.). i I WOULD LIKE THE FOLLOWING COVERNNIENT RECORD: Describe the government record as specifically as possible so that it can be located, `Cry to provide a record name, subject matter, date, location, purpose, or names of persons to whom the record refers, or other information that could help the agency identify the record. A complete and accurate description of the government record you request will prevent delays in locating the record. Attach a second page if needed. Any and ail personal documents and correspondence memoranda, Ietters, correspondence, personal cmails within the past two (2)years to present(July 25,2012 to present),that mentions CONNECTIONS andlor COMMUNITY BASED EDUCATION SUPPORT SERVICES and its plans related to the Special Permit Application (SPP No, 12-000138) to/from and/or between any individual from the attached list. I WOULD LIKE: (please check one or more of the options below) I ❑ To inspect the government record. ❑ A copy of the government record: (Please check one of the options below.) See the back of this page for information about fees that you may be required to pay for agency services to process your record request. Note: Copying and transmission charges may also apply to certain options. ❑ Fick up at agency(date and time): ❑ Mail ❑Fax(toll free and only if available) ❑Other, if available(please specify): _ ❑ If the agency maintains the records in a form other than paper, please advise in which format you would prefer to have the record. ❑ Electronic ❑ Audio ❑ Other(please specify):___._________ 4 ❑ Check this box if you are attaching a request for waiver of fees in the public inteflests� ' 5 4 (see waiver information on back). l SIDE BACK FOR INWORTANT INFORMATION 1 10 1. 4 C 9 OIR I (rev.9/12/01) 4125 8089358281 �� 1f1 SA.Q9 a.m. 04-17-2914 2/32 1 TMK Owner(s) Owner's Mailing Address Street Address of TMK 2-5-006:043 State of Hawaii NIA Segawa,Wesley R 19 Puuko Street 06:052 Segawa,Phylits E Hilo,Hawaii 96720 NIA #odds Deyeiopmi nt 616 Moablala:Street- . . . 2-5=0{t6;tlB1 cJa James:.Pappals,T-easurer Nonoluiu.HEWti4i l'R-021-. NIA 1342 Kilauea Avenue 2-5-006:160 80hante-Hawaii,lnc. Hilo,Hawall 88720 Puatnako Street F..xt. 616 Moaniala Street 2-5-006:151 Pappas,Madlyn J.Trust Honolulu,Hawaii 95821 NIA 282 Ec ita Street 2-5-0111;033 Riley, Randell A Hilo,Hawaii 96720 282 Edits Street 272 Edna Street 2-5-061:032 ftlalla Roxannt4y Cano Hilo,Hawaii 98720 272 Edifa Street f Yamashim,Loma Y 50 Manulele Street 2-5-061:031 Yamashiro,Neil Hilo,Hawall 96720 264 Edits Street Iwasaki,Alan 232 Edits Street 2-5-061;029 Iwasaki, Patsy Hilo, Hawaii 98720 232 11dita$treet 77 Kukla Street 2-MS1,028 Mochtda,Ivan S.`Crust Hilo, Hawaii 96720 224 Edits Street Gomes,Jeffrey,Kalani 261 Edna Street 2-5-061:001 Gomes,Wen!&Kelka Hilo,Hawall 96724 281 Edits Street Tada,Glenn K 259 Edits Strbet 2-5-061:002 Tada,Karyn N Y Hilo,Hawaii 96720 259 Edits Street 141fi Ate u Ate Place 2-6-061:003 Sakamato,Ernest A Trust Hilo,Hawall 96720 NIA 1360-D Mete Manu Street 1:012 Akarnine,Chun Y Trust Hilo, Hawau 96720 1360 D Mele Manu Street Araujo,Lorrin T 1358-D Mete Manu Street 2-5-061:011 Aranjo,Margareta Hilo,Hawaii 96720 1358 0 Mele Manu Street Fuke,Arleen S 1358 Mete Manu Street,Apt.C 2-5M11:010 Fuke,Sidney M Hilo,Hawaii 96720 130 C Male Manu Street _ 130 C Mde Manu Street 2-5-081:013 Shiro„Douglas T Hilo,Hawaii 56720 1360 C Male Manu Street 1360 Male Abnu Streei#B 2-6-061:014 Elevington FamiV Trust Hilo,Hawall 913120 1360 8 Male Manu Street Camacho,Brenda M K 141 Mete Manu Street 2 -061:017 Camaft,david W Jr. H. Hawau 96720 1414 A Male Manu Street tVisiumoto,Nelson N 1414 Mete Manu Street,Apt.8 2 5-Ofi1:018 0=4 M Kwoko Hilo,Hawaii 98720 141413 Male Manu Street f Novak,Allmr L 1414 C We Manu Street 25-061:019 Now*Layne Y M Hilo,He"I 98720 1414 C Mete Manu Street Ludofi:,EWme L H Wilhelm,Steve K 1416 C Mete Manu Street 2-5-061:020 Wilhelm,Patrictia J Hilo,Hawaii 96720 1416 C Mete Manu Street Takata,Brice Hiroshi Go 777 Ainako Avenue 2-5-061:021 Takata,Christine Leiko Hilo,Hawaii 96720 1416 8 Mete Manu Street Chun,Mark Richard 250 Edits,Street 2-5-061:030 Takam' a,Marianne Yasuko Hilo,Hawaii 96720 250!_dila Street P.O. Box 5915 f 5-061:022 ilea ,Markus 2010 Trust Hilo, Hawaii 86720 1416 A Mete Manu Street 1484 Male Marru'Strest- _- --- --- - 051:04i Mok,Tri Hilo,Hawall 95724 1484 Mese Manu Street Arzaga,Noerrti L 1468 We Manu Street 2-5-061:042 jArzaga,Rudy D Hila,Hawaii 98720 1456 Mete Manu Street 1759 4126 8089358281 "11110:5 5a.m 04-17-2014 3132 1488 Male Manu Street s-061:043 Hudak,Daniel Robert Hiio,Hawan 96720 1488 Male Manu Street Veriata,Franklin D 1500 Male Manu Street 61:044 Veriato,Virginia L Hilo,Hawaii 96720 1500 Mole Manu Street Murai,Gary 299 A.Alu Road 2-5-061:1045 Mural;Ja valine K Wailuku,Hawaii 96793 1510 Male Manu Street Kanahele,IGp Masao 1520 Male Manu Street 2-6-061:046 Kanahele,Valede-Ann Leiko Hilo,Hawaii 96720 1520 Male Manu Street 1342 Kilauea Avenue A 2-"611:1106 Brilhante-Hawaii inc. Hilo,Hawall 96720 Kristian Street '1342 Kilauea Avenue 2-5-061:105 Brilhante-Hawall, Inc. Hilo,Hawaii 96720 KrIstiano Street 1342 Kbuea Avenue 2-5-091:104 Brlfhante-Hawan inc. Hilo,Hawaii 96720 Kristian Street 1342 K auea Avenue 2-6-061:103 Erilhante-Hawan Inc. Hilo,Hawall 96720 Kriatlano Street 1342 lGlauea Avenue 2-"61:102 Brilhante-Hawaii Inc. Hilo,Hawaii 96720 Krisffano Street 1342 Kilauea Avenue 2-5-061:107 . Brlthanta-Hawaii.Inc. Hlo,Hawaii 86720 Mellano Street Truesdell,Joel W 250 Kristian Street 2-5-061:049 Truesdell,©zBbeth t=rench Hilo,Hawaii 96720 250 Kristlano Street Santos,Robert J Tr 1540 Mole Manu Street 2-5-061:048 Santos,Celeste G Tr Hilo,Hawaii 96720 1540 Mele Manu Street Wilson,Lee Michael Morita 1536 Mole Manu Street —12-5-061:047 Wilson,Addann Mlsee Morita Hilo,Hawall 96720 1536 Mele.Manu Street 243 Mllcala Street 081:068 Kimura,Larry L Hilo,Hawaii 96720 243 Mikala Street OgEra,Glenns 1495 Mete Manu Street 2-54061:069 Kauchk3gawa.Gal H Hilo,Hawall 96720 1495 Mole Manu Street Bishop,Michael K/ka ,Pamela V Trust 1485 Melo Manu Street s 2-5-061:070 Botelho,Lee Wan! Hilo,Hawaii 96120 1485 Mele Manu Street 1473 Mels Manu Shet 2-5-061:071 Yamane,Ra mond lwao Trust Hilo,Hawall 96720 . 1473 Male Mann Street Yamashita,Gary M 1457 MWe Manu Stmt 2-5-061:072 Yamashtta,Rochelle A Iitlo,Hawaij 96720 1457 Mele Manu Street lila,Erwin Y 1449 Male Manusued 2-6-067:073 Lan iiia,.tulle C Y Hyo,Hawaii 96720 1449 Mele Manu Street 1439 , Manu Street 2--061:026 Salmmato,Lester S Trust Hilo,1-1awau.98720 1439 Male Manu Street 19nacto,Michael L 1411 Mete Manu Sweet 2-"61:026 Ignacio,Claudia D HQo,HavA%720 1411 Mele Menu Street okuuka,Jon P 1395 Mete Menu Stilet 2-5-061:024 Taira Tokuuke, Patti H tillo,Hawaff 96720 1395 Mete Manu Street ShcmNa,Eric M 1360 Male Manu Street V 2-M61:016 Shoxuya,Barbara L olio,Hawaii 96720 1380 Mele Manu Street clo Dana}fenny Hawalian Island Homes Ltd i 162 I(Innle Street; Ste 201 12-5-061:015 HIHL Melemanu LLC Hilo, Hawaii 96720 1360 A Mete Manu Street Yokota,Melvin H 135EI-A Mele Manu Street 06V008 Yoketta,Jan- Hilo,Hawall 96720- ' 13503 A Mete-Mahu3tr�eC Kanemoto,Wayne K Trust 13588 Meta Manu Street z.-6-061:009 Kanemot3o,Amy Emlko Trust Hilo, Hamra 96720 1358 B Mole Manu Street 1750 4127 8089358281 10' a,M, 04-17-2014 4/32 72 Palua€.app 2-5-081:007 Su ' ma,Bryan Hiroak's Farnil Tru5L Hilo, Hawau 96720 NIA Kimura,John T TTEE 1300 Mele Manu Street 06'1:006 Kimura,Gail KTrust Hilo,Hawaii 96720 1304 Mele Manu Street 1294 Mese Manu Street 2-5-061:405 Leong,Kell l At son Y Kaku awa Trus Hilo,Hawaii 96724 1290 Mete Manu Street Hirano,Wateru Sano,Phyllis Anne r Hirano-Omizo,Naomi Y Trust 235 Edita Street 2-643151:004 Hirano,Shinae Hilo, Hawaii 95720 235 Edna Street . 24.061:438 various Road /2-5-061.039 various Road 25 Aupuni Street 2-5-061:080 County of Hawaii Hilo,Hawaii 26720 road Nagai,MasaadNancyTrust 1035 Kaumana Drive 2;5-419:011 Nagai,Nan g Hilo,Hawaii 96720 1035 Kaumana Drive Cling,-Carroll D 1045 Kaumana Drive 2-5-011:412 Cling,Donnle Faye Hilo,Hawaii 96720 1045 Kaumana Drive Papaltmu,Joseph Kalml 1053 Kaumarra Drive 2-&011:413 Papdrnu,Kahlolarrl Juanita Hilo,Hawall 98720 1053.Kaumana Drive Ile Fergerstrom,Norma R 1.065 Kaumana Drive 2••5-041:014 Fegerstrom,Arnold TR Hilo,Hawaii 96720 1066 Kaumana Drive Criveilo, Ronald Anthony 1073 Keumsns Drive 2-5-411:015 Crivello,Loretta Alejandro Hilo,Hawaii 96720 1073 Kaumana Drive Sato,Mark M P-03 Box 529 2-5-011:016 Sato,Melissa A Kaneohe,Howell 96744 N/A 20 Wawai Loop -011:097 Fe erstmm,Amoid TR Hilo, Hawail 95720 1139 Kaumana Drive 1147 Kaumana Drive 2-5-Q11:018 Rushlow,John Howard HBO,Hawau 96720 1147 Kaumana Drive Spencer,Thomas S Trust 1110 Kaurnana Drive 2-5-011.019 Spencer,New Tan Dedd Hilo,Hawaii 96720 11.10 Kaumana drive Wilsm,Alilrm T i 090-A Kaurrlana Drive 24-011:020 Wilson,Cyrus H Hip:Hewvan 9MG 1090•Kautnano Drive; 1131 Ksumarta Drive 2-5-091:038 Carvalho,Jahn G Hilo,Hawafl 96720 NIA flume 1131 Kaunidw Drive - 2-5-011:439 Carvalho,John G Hilo,Hawaii 96720 1131 KsutFmna Drive do Barbam B -Correa 1068 B Kaumam Drive 2-5-011:043 Correa Famity Thist Hyo,Hawaft 96720 1074 Kaumana Drive f�ti�o •�� �herGJCaves- i.�13 _ -- - . ..- .- -:.�-�; ;-" •-�:: 2 -011<008 -F: A . 4 inti , fl-:.: '1D13 ilaiiiira diva .. d �� -bit"ai"irnE r k I;sofig; atfc r; ' i 1#1 3 fC u:rr�an _prV46 2= fi11:p1.0: Sariiur� Cri`'T HiiOr# il=. a' Q3 fCarim2na!?ri'1 . - - , • ., - cid..��!`liat�f:Bricfod-Correa. .. f 2=5- 1 j: 2.1 CbM.FaMit Trust H1I ''l�I iI: 2p ..; 1068 Kaurriaiia pn"ve. Aqw r.� ;S�• Gprreal=i�1d• _ 5.1:, H,�O,`_H2lf�l�t4#? {�'. '(t�6�..ICEtt1R_i81`t$�I�fl!/E;.: Zahaz Clifford-. S-- 5.53'.i1U,Phwli'. . . 2-Ci-X11:023 . in ,Unda:K Q Vilaif liu, i'a 96798: 'i(i56 ICalir s�ii3 irhre: 1761 4128 808958281 1r '�=;i a.m. 04-17-2014 5132 P.O.Box 166 3-011;024 Kusch,Matthias Walfrtd Pepeekeo,Hawaii 96783 1040 Kaumana O ive Phillips,Wi1112m J Jr'. 1036 Kaumana Drive 019:025. Srveef-Phlllips;.DEenrra;M Hila,.Haw+au 96720: '1036 K-At rnana.Dr[Ve : .- NakMa,*She n Matsuyo 1045 Kaumaha Drive 2 5-t}i t44 +31;3jiQ;-G)►lieii,7arshi' Hilo,Hawair 9&110;_.. 1005 Kaumana Drive• Wtrct tw4fiJames. ' 14q4�Fort_0at1s'S�eet.. �:: ,1i;�8�- iiick;::I�jrstit.'Lea" • Simi.Val[ �:C�lJfo!'�ia930t38 .1�58Kacit�ad�•I�fl+la.,.•.-• . ;;,-;. .:. .::.:. . - '��-• - -. - . ..:.,�.ti89.3 C�Cat►maril�Drtve - - - •:---•- �.-,_ • X01 i:�SU. ,�mida Jo AA6-R..Trust Fiifa,Haut;iw`i .6I20,: 993- .KSf1te18fl31)ipVw3: P.©.Box 2463 2-5-027:021 Caravalho Family Trust Kailua-Kona,Hawaii 96740 1253 Kaumana Drive 3575 Nipo trset 2-6-027:001 Mitsuna a, Edith S Trust Honolulu,Hawaii 96822 1265 A Kaumana Drive Go Yamamoto,Ellse CO-TfEE 1245 Kaumans Drive 2-5-U7:002 Yamamoto,Fu ie F Trust Hilo,Hawall 96720 1245 Kaumana Drive 1875 Hale 0 Kea Street 2-6-027:003 Okuisu,Randal S Trust Hilo,HawaF 96720 1223 Kaumana Drive 3572 Nlpo Street 2-5-027:058 Mbuna a, Edith S Trust Honolulu,Hawafi 96822 1265 B Keumana Drive 3572 N[po Street 2-5-027:059 Mitsunage,With 5 Trust Honolulu,Hawall 96822 1265 C Kaumana Drive 3572 N[po Street 2-5-027:060 iuitsuna a Edith S Trust Honolulu,Hawall 96822 1265 E Kaurnana Drive 3572 Kipa Sttvet 5-027:061 Mitsunaga, Edith STrust Honolulu,Hawaii 96822 1265 D Kaumana Drive jk 3572 Nip Street IA-M7:062 Mltsuna a, Edith S Trust Honolulu,Hawaii 96822 1265 F Kaumana Drive 3572 Nipo Street ' .2-5-027.063 01suna a,Edith S Trust Honotuld,Hawati 86822 1265 G Kaumana Drive 3572 Wpo Street 2•-64327:064 WhIsuna ,Eddh S Trust Honolulu,Hawaii 96822 1265 H Kaummm Drive 3572 Nlpo Straet f 2-5-027:065 MftsuLvo, Edith S Trust HanWulu,Hani 96822 1265 M Kam Drive 3572 NIpa Sweet 2-6-027:066 M.bu 0.Edith S Trust Honotutu,Hawarai 96822 1265 L Kaumana Drive 357 1Vipo Street 2-5-027:067 MhUrIqA Edith 5 Trust Honalukh Hawrral 96822 1265 K Kaumwia Drive �..-f{�..�_(�-f j:1- `.�,� - ;n."��lL- - - ��,.�rrj�r1��ry,i•���41,.... .. J•� '41k,' 'H• •!"!!Tr-• ^M: :ri s � '-• YI�RAt +it!.[^w;• . 7Q ,5r :. rst' I X215 )C 'ui]raiiaRii4r� Ushipma,Dean K 1216 Mumma Drive Apt C 2-5-02T026 Ushillma,Else H Hilo,t emit 96720 1215 C Kaumana Drive Segw a,i adray MM F 1215 i3 Kaumana Drive 2-5-D27:027 Segawa,Susan Marie Hlfo, Hawaii 96720 121517 Kaumana Drive Ebesu,Royce T Jr 1216 G Kaumans Drive ' 2-5»027:068 Ebesu,Jane L A Hilo,Havvati 96720 1215 G Kaumana,Drive 1216 G Kaunvna Drive 5.027:089 Ebesu,J aney L A Trust Hilo,Hawall 96720 NIA road?? -- -._w Segawa,Rodney M F- 1215 D-Kaumana,Drive ` -1-027:070 Se awa,Susan Marie Hilo,Hawall 96720 NIA(road??) ' 1213 A Kaumana Drive 2,5-027:1305 Sato,Sandra Hilo, Hawall 96720 1213 A Kaumena Drive 1762 4129 8089358281 10-IZA2a.m. 04-17-2014 6132 m Hasegawa,Edward K 250 N Judd Street 7:046 Hasegawa,Caroline G C Honolulu,Hawaii 96Bi7 '1211 Kaumana Drive 4 1209 A Kaumana Drive 27:043 Perez,Catalina A Hilo,Hawaii 88720 1209 A Kaumana Drive Okuhara,Henry S P.O.Bax 945 2-5-027:044 Okuhara,Norine N Hilo,Hawar198721 1209 B Kaumana Drive Tumor,Jason PhilnP 12090 Kaumana Drive 2-542T:045 Turner,Jennifer Sims Hilo,Hawaii 96720 1209 C Kaumana Drive 823 Kaumana Drive 2-5-027:053 Tsuch�z, Karl K Hilo,Hawaii 96720 1175 Kaumana Drive Paiva,Paul P 1169 Kaumana Drive' 2-5-027:054 Pails,Shawn M Hilo,Hawall 98720 1169 Kaumana Drive 1155 Kaumana Drive V2-5-027:055 Komatsu,Garret?' Hilo,Hawart 96720 1155 Kaumana Drive Inouye,Tatsuo Trust 2230 Apoepoe Street. 2-5-027:056 Inouye,Juna 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 uwahare,Bryson T 1142 Kaumana Drive 2-5-027:057 Kuwahara,Loma T Hilo,Hawait 96720 1142 Kaumana Drive Kuwahara,Bryson T 1142 Kaumana Drive '✓ 2-5-027:007 Kuwahara,Loma T Hilo,Hawaii 96720 NfA Olivelra,Mary Jane Oliveira, Manuel III 1150 Kaumana Drive 2-5-027.008 1 Oliveira,Manual Jr Hilo,Hawarr 96720 1150 Kaumana Drive 98459 Room Street ,'L-5-027;009 �Yahata,Michlko Pearl City,Hawall 96782 1162 Kaumana Drive ##as;.Qa4ErI;J:,. P.OYK,5 �.. - f- fi27R04 (4frs5,.:Calttr_M: Fif_atifNarJ 9&121' 12t}9_iumana,bnYe•. E3ri;X11 1 1 irY }i TrU R'1 =X116? � 27;U� - '�'�dr �a�Cf�ulzfsis5t P •`Eit; .96x63�. 1193:yCatirriatia'Ii"riilre: . Nakamura,Bryce H P.O.Box 284 - 2-6-02T O34 Nakamura,Sharyl S Captain Cook,Hawaw 96704 1240 Kaumana Drive 1260 Kaumana Drive f 2-5-027:035 Robledo,Pauletile A Trust Hilo,Hawall 96720 1260 Kaumana Drive 1268 Kaumana Drive ✓ 2-5-027:036 Perreha Family 2008 Trust Hilo,Hawaii 96720 1266 Kaumana Drive 1280 Kaumana Drive l 2.&M7:014 Hos",Widw M Hilo,Hawd 96720 1280 Kaumana Drive sltinjo,Hajmte 1272 Kaumana Dive 2-5-027:040 Stunk,Aileen C Hilo,Hawaii%720 1272 Kaumana Drive Kaneko,Ryan T 1294 Kaumana Detre l 2-5-027.037 Kaneko,Aimee A Hila,Hmorii 96720 1294 Kaumana Drive 1300 Kaumana Drive 'r 2-5-027:038 Yokopme,Jan K Hilo,Hard 913= 1300 mumana Drive i"ujisawa,Stanley K ✓ Fujisawa,Tammy L Fujisawa,Curtis 5 1296 Kaumana Drive 2-5-027:039 Fujis"s,Minerva S Hila,Hawall 96720 1296 Kaumana Drive 2-5-027015 State of Hawaii Kaumana Drive 1348 Kaumana Drive (AW-027:023' Nakampto,Tsuru BTrust Hilo,Hawaii 96720-' 1346'Kftrrmw Drive"- 1360 Kaumana Drive 2'-5-027:016 Otani,James M Hilo,Hawaii 96720 1360 Kaumana Drive 1763 4130 ` 8089358281 1^•QLAR A.M. 44-17-2014 7 132 Matsu,Russell 1352 Kaumana Nve 5-027,041 Matsu, Lorraine H Hilo, Hawaii 96720 1352 Kaumana give 6 Pnlcoie Way 027.020 Ola,Hiroshi[SWzoho Trust Hilo,Hawaii 96720 IIIA � �:7t113: �.�E�� -ee'�j':�iRc.. 'H 1�}�a €.9s81�, •���O�Kaj�m�ri�.#�r�ye, `€: p / 027(} 2_:. f� � ai 'A; E s22"i4 ialsmaina Drivel' . iYTN's 12 ; 1a €iia'17rivd. PW)c WN i�$z;^4•,'-;��;!' _ air"S",^•ice'.-'.`',"=:•�Y.:e,'?:fir:'-' " _ 3Fe� ,'t=.,•.. `.;.�; �i:�a'- aT._� '`'" ' s�-y; ..�r•ar��� leiln �,•P-c•��-�ici.• - ;./-•+ '4 - - '-+fa*,`•:r'�� :µ`,•t7'!'?�:? .,,_ Ma-.«/�iy101 ?Sy i".�•- r-may: r••' �.a "c:.4aiF`.'-i•..r;:t.. � `'5�: e� 1fu ,': ' :. 252c�rnan :��•f�'��'�.; - - TE.TM � •- •�:It�e• - �-_-_ ••tip-•.; '• • ��++ .�^{/ _ �• _ •� }j :r.4•:^:w,`:�^/=�,;.��:.f'_.G:i:.{-.�ryn��.r 7a _ !":: - _ ,F- V•''.*.` ;�:1, '4 1_�L3 n ¢" _ r�'��e�r�~K;.t• '7� :'ti�.���.�','t-_iah:•:•'•• _ _ - ��L` jt, :'F:.: - •rF 4 �G.l•M.� 1. LI�`Z=©�`�1' � -. ��� _�,•;��lt��'� � . . •�i11d�,.�1 7��_- 1.ifl��Ka�mana:p1ve.- ' 2D I�IM `r< � �� a4 1'1,9{3 fC9urtla lri}!e». 'r X 0 25:.;•. 1i�te _ � :> iiia ? _ 117S:iG i�man ``ra _er i1�`.• -. ;; :'I '" a;�rjve: _ _ - • . . . xo Segam,Herbert A ' 2-54)27:074 Se awa, K WA roadwa 2.65-027414 tabor roadway r '�� 7�r�L'+,/A-yr�.4:.: :- �s�Rr S7�::i�i.••�. - ". _- � �r .Ce�K�•;-.:-' .. �'•:t':' .-.y, -,- - '. � '� � r=-_ '`� � ' '�� r: �-...��:`• -.: _ _- �. .., .-:nom,,',..:�.:-:.,••-�.�:•�.�' . / �.�._.3rd c �S'a�+.�1 �� - - j �.ti•::.,' - •{ye��;�.:,�,�rtJr�j t a,5-QZT:0gq7y7 LatKa Y Trust NIA 2-5-027:019 Alia,Wftn Kalaemakaani NIA raadwa Lego,Tera K81eleiwwRalel'Iani 1503 Kaumana Drive `r 2-5-040:011 Lee,Doreen Kenani Hilo, Hawali 96724 1603 Kaumena Drive 98 KWatoa Road 24-040:030 Tornota, Kelp Jennifer Leihua Hilo, Hawaii 96720 4493 Kaumana i:3rive Otani, Norraisi Otani, Fupe Otanl,Orad W1ro _-- Otani-MaxNoria - 1409 Kaumana D6ve _ ,-040:Q09 Paha,Shawn Morse Hilo, Hawaii 96720 1489 Ksumana Drive 1764 4131 8089,358281 1" ^ 7 a.M, 04-17-2014 8/32 Krayama. Ellen Etsuka F- Hirayarnn, Elfen Sefsrlko Kitamura,Kimka Kitamura,Susan Setsuka Kitamura,Tedayuki 1479 Kaumana Drive 2-5-040:008 Mmura,Wape Kazuyuki Hilo,Hawaii 96720 1479 Kaurnana Drive Oldfield,Frances 1473 Kaumana Dente r 2-5-G40.007 Oldf eld,Richard Hilo,Hawali 96720 1473 Kaumana Drive Aimetda,Jewels Anuenue 561 Alibi Place 2-6-0.40:006 Airnefda,Mark KW Kaitua,Howell 96734 1461 Kaumans Drive Hennessey,Brendan J 1447 Kaumana Drive f 2-5-040:036 Johnson,Mellssa Arrn Hilo,Hawaii!96720 1447 Kaumana Drive oshimura,Chtseka 1441 KaUrnana Drive 2-5»040:005 Yashimura,Gary K Hilo,Hawaii 96720 1441 Kaumena Drive 250 N Judd Street 7 2a-040:035 Hasegawa,David A C Trust Honolulu Hawaii 96817 1433 Kaumane.Drive Tlogangco,Anne A 1391 Kaumana Drive 2-5-040:0484 Tjogangco,Jordan L Hila,Hawaii 96720 1391 Kaumana Drive Enoki.Calvin H Trust 1381 Kaumana Drive 2-5-040:003 S ma-Enold,Sandra H Trust Hilo,HmWi 96720 1381 Kaumana Drive Kaltolw,George M 1375 Kaumane Drive 2-5-040:002 Kabku,Joyce H Hilo,Howell 96720 1375 Keumana Drive P.0.Box 4305 2.5-040:040 Hinez,Matthew F Hilo,Hawaii 96720 1369 Kaumana Drive Oblero,Dain M Obiero,Sean W Rezentes, Henry J 1357 Kaurnans Drive -040:001 Rezentes, R uel K Hilo,Hawall 96720 1367 Kaumana Drive 1874 Kaumona Drive 2-5-044:039 Toma,B son Kdo,Hawd 96720 1374 Kaumene Drive 1027 Kagawa Street 2-5-04W.04i Shaver,James R Pacific Palisades,Cadiiamia 1394 Kaumana Drive 1468 Kaim•iana Drive 2-54040:015 Lee-Chinq,Richard Trust Hilo,Hm ail 96720 1468 Kaumana EWe Fujimoto,i9"n S 142 PuhM Street 2-8-040:014 Imo,Shirley T Hilof Hmvd 95720 1486 Kournana Drive ftfflas,Francis Herbert 50 Akafa Road r 24om f1 PmdRas.Marina Am thio,Ha,vall 96724 11486 A Kaumana thrive Roditlas,FrAids Heftd 50 AkWa Road 2�r-Q40:442 Ro to%Martha Ann MON Hawaii 96724 50 Male Road fo,Karen feifw 226 Akafa Road 2-6-040.013 Rubio,udyd J HiEn,.Hawaii 96720 1496 Kaumana Drive ✓ 2-6-04"12 State of Heir Kaurnorra Cave Park 1588 Kaumana Drive f3LM4 WIM 55 Road 2-5-040:019 Gian regodo,Desiree Kilo,Hawa3 96720 55 Akala Road Flood,Jeanie L 1600 Kournana Drive 2-6-040.020 Flood,Shawn G Hila,Hawaii 98720 1600 Keumana[drive ✓;: 788 Hklhat'Strpet'% ftdi';-WWaoe"F Tr4ist• fedi: til ' N/A. am�;:Gl i4 -:iniac` 33. aA Ao.§—0t: .y=��'i '006 �s;V 'ini �1/•1"tirst. �tf€o'•H`'•�:if9�T2��. .�; �. �. � W-Neap; o:•;a~tr��t. Cliohg,'$h'dffi i Anrl { q,{ai ri9g720: B Gfiii0-Striet. 1765 4132 8089358281 . 104-17-2014 17132 4 REQUEST TO ACCESS A GGVERNMENI , C_°ORDr DATE: April 17, 2014 TO: Planning Commissioner(Past)Wally lshibashi,c/o County of Hawaii Planning Department FROM: Ted H.S. Hong,Esq. Contact Information;Post Office Box 4217,Hilo,Hawaii 96720;933.1919;email:ted[,tedhonglaw,com Although you are not required to provide any personal information, you should provide enough information to allow the agency to contact you about this request. The processing of this request may be stopped if the agency is unable to contact you. Therefore,please provide any information that will allow the agency to contact you(name or alias,telephone or fax number, mailing address,a-mail address,etc.). I WOULD LIKE THE FOLLOWING GOVERNMENT RECORD: Describe the government record as specifically as possible so that it can be located. Try to provide a record name, subject matter, date, location, purpose, or names of persons to whom the record refers, or other information that could help the agency identify the record, A complete and accurate description of the government record you request will prevent delays in locating the record. Attach a second page if needed, Any and all personal documents and correspondence memoranda,letters,correspondence, personal emails within the past two (2)years to present(July 25,2012 to present),that mentions CONNECTIONS and/or COMMUNITY BASED EDUCATION SUPPORT SERVICES and its plans related to the Special Permit Application (SPP No. 12-000138)to/from and/or between any individual from the attached list, I WOULD LIKE: (please check one or more of tate options below) ❑ To inspect the government record. ❑ A copy of the government record: (Please check one of the options below.) See the back of this page for information about fees that you may be required to pay for agency services to process your record request. Note: Copying and transmission charges may also apply to certain options_ ❑Pick up at agency(date and time); ❑Mail ❑Fax(toll free and only if available) 4 ❑Other,if available(please specify): _ ❑ If the agency maintains the records in a form other than paper,please advise in which format you would prefer to have the record, I ❑ Electronic ❑ Audio ❑ Other(please specify)'_______ I ❑ Check this box iryou are attaching a request for waiver of fees in the public intes F� (see waiver information on back). SEE BACK FOR IMPORTANT INFORMATION I Wf! 7 109 O1P 4 (rev.9/12101) 4133 8089358281 1 1':r%FA a.m. 04-17-2014 18132 TMK . Owner's Owner's MailingAddress Street Address of TMK 2-5-006:003 State of Hawaii N1A Segawa,Wesley R 19 Puuko SbVet 06:052 Segawa,Phytlls P Hilo,Hawaii 98720 NIA iCtldsx p freloptn 61.6 ti9ala;Str -" - 1 r1s'1 clo:Jaixtas.Pappi ' reas4irer I�otii�rci� aipia21:_ NIA- 1342 Kltaues Avenue 2-5-DO&IB0 Bdlhanta-Hawag,Inc. Hilo,Hawaii 96720 Puainako Street 1='x#. 616 Moaniala Street 2-x006:161 Papas.MadJ.Trust Honolulu,Hawall 96821 NIA 282 Ecrftaa Street 2 061:033 Rby,Randall A Hilo Hawaii 96720 282 Edb Street 272 Edita Street - 2-5-061:032 Batelle Rtmpne-Ju Cano HOo,Hawaii 96720 272 Edb Street r Yomashiro,Lorna Y 50 Manu lela Street 2-6-061:031 Yamashito,Neil Hilo,Hawall 96720 264 Edits Street Iwasaki,Alan 232 Edb Street 2-5-061:02.9 Iwasaki,Patsy Hilo,Hawall 95720 232 Edd Street _ 77 Kukila Street 2.5.061,028 Mochida,Ivan S.Trust Hilo,Hawaff 96720 224 Edlta Street Games,Jeffrey,Kaleni 261 Edits Street 2-5-061:001 Garner,Wendy Keiko I HNo,Hawaii 96720 1231 Edita Street s a,Glenn K 259 Edita Street 2-5-061:002 Tada,Karyn N Y Hilo,Hawaii 96720 259 Edb Street 1416 Pu'u Ale Place r 2-"61:003 5akarnatn,Ernest A Trust Hilo Hawall 86720 NIA 1860-£1 Mele Mangy street 61:012 Akamine,Chun Y Trust Hilo,Hawaff 96720 1360 D Mese Manu Street Amujo,Larrin T 1358-0 Male Manu Street 2-.5-061:011 Arau'o,Marpreta lido,Hawrall 96720 1358 D Male Manu Sf e Fulm,Affeen 5 1356 Mete Menu Street;Apt C 2-6MI:010 Futre,LdM M Hila,Hawaii 96720 1358 C Male Manu Street _ 136D C Male Manu Street 2-5-061-.013 Sft Dog las T Hilo,Hawaii 96720 1350 C Male Manu Street 1380 Male Manu Street 2 5081:014 FamUy Trust Hilo,Hawalil 66720 1360 B Mele Menu Street Camra W,Brenda M K 141 Male Menu Street 2-5-061:017 Camach%dwW W Jr. Hiro,Hawaii 96720 1414 A Male Manu 6twt fthoto,Nelson N 1414 Mels Mario Street, B 2-6-061:018 Orrato,t!kf MYOW Hyo.Harr d 96728 11414 8 We Mann Sbiug NmaK Alen L- 1414 V.Mete Manu Street 2-6-#164:019 e Y M Hr7o,Hawaii WM 1414 C Meir Mama Strao Ludotfi.amine L H Molm,Stere K 1416 C Male Manu Street 2.5-061:020 Willmim,Pah;b J Hilo,Hawari 96720 1416 C Male Manu Shad Takata,Brice Wroshl do 777 Akraka Avenue r 2-5-WI:021 Takata,CtWsdne Leiko Hilo,Hawag 96720 1416 B Male Manu Street Chun,Mark Richard 260 Edits Street 2-5-061:030 Takemiya,Marianne Yasuka Hila,Hamit 96720 250 Edita Street P.4.Eox b915 r 5-051:022 Herzog,Markus 2010 Trust Hilo,Hawaii 96720 1416 A Male Manu Street _ --- -- --� 1464 Male Mana'Street- 061:041 Mak,Tl Hilo, 11 96720 1464 Male Manu Street Amp,Noemi L. 1468 Male Manu Street 2-5-061:042 �Arzage,Rudy D Hilo,Hawa6 96720 1466 Male Manu Street 1759 4134 8089358281 »"'^ 1, a.M, 04-17-2014 19/32 1488 Mete Manu Street 5-061:043 Hudak,Daniel Robert Hilo,Hawalii 98720 1488 Mele Manu Swat Veri$ta,Franklin D 1500 Mele Manu Street 81:044 Veneto,Virginia L Hilo,Hawaii 96720 - 1500 Mete Manu Street Mural,Gary 299 A.Alu Road 2- 1:046 Mural,Jacqueline K Walluku,Newall 96793 1510 Male Manu Street Kenahele,Kip Masao 1520 Mele Manu Street 2-5061:046 Kanabele,Valerie-Ann Lelko Hilo,Hawall 96720 1520 Male Manu Street 1342 Kilauea Avenue 2-5-061:106 Brllhante-Hawaii Ina HMO,Hawaii 96720 Krls@ano Street 1342 Kilauea Avenue 2-5.061:105 Brithante•Hawall Inc. Hilo Hawall 96720 Kridano Street 1342 Kilauea Avenue 2-6-081:104 Brilhants Hawall,Inc. Hila,Hawaii 96720 Kristiano Street 1342 Kilauea Avenue 2-5-061:103 1361hante-Hawafi Inc. Hilo,Huall 98720 Kristlano Street 1342 Maur Avenue 2-6-061:102 Brllhante_Hawail,Inc. Hila,Hawaii 96720 Kristiano Street 342 Kilauea Avenue 2 -061:107 Brilhante-Hswalf,Ino. Hilo,Hawaii 96720 Krisgano Street Truesdel,Joel W 250 Kristlano street 2-5-061:049 Truesdell,Elizabeth French Hilo,Hawaii 96720 250 Kdstiano Street Santos,Robert J Tr 1540 Mele Manu Street 2-"61:048 Santos,Celeste G Tr Hifa,Hawall 98720 1840 Mele Manu Street Wilson,Lee Michael Monts 1536 Mole Manu Street 2 1:047 Wilson,Adriann Misae Monis Hilo,Hawaii 86720 1536 Mele.Menu Street 43 M kale Street 1:068 Kimura L Hdo,Hawati 96720 243 Mikele Street Ogen,Glenn 1495 Mete Manu Street 2-5-06'1:069 Kotrclir-0 Gall H Hilo,Hawail 96720 1495 Male Manu Street Bishop,Michael K=K Pamela V Trust 1485 Mete Manu Street ' 2-5-061:070 BoWw,Lee LTlant Hila,Hawa6 96720 1485 Mole Manu Street 1473 Male Manu Street 2-6-061:071 Yaman nd Mao Trust HM,Ham 96720 . . 1473 Male Manu Street Yamastf,Gary M 1457 Mele Manu Street 2-5-061:072 Yamashita,Rochelle A Hilo,Hawal 96721} 1457 Mele Manu Street lids,Erwin Y 1449 Male Manu Street e 24-081:073 l am-lkkk Jude G Y Hid.Hawaii 96720 1449 Mole Mary Street 1439 Mele Manu Stmt 2-64381:026 Sakamatri Lester S Trust Hilo,Hales!98720 1439 Mese Manu Street lhaei L 1411 Manu Street 2-6-061025 Igirmc.1%Claudia D Hilo.Hawn 99M 1411 Mele Manu Street Tokuuke,Jon i 1396 Mele Manu Stred 2-6-061:1124 Taira-Tokuuke, Patti H HBO,Hawaii 98720 1395 Mels Manu Street Shozuya,Erle M 1380 Mele Menu Street 2.6-081:016 Shozuya,Barbara L Hilo,Hawall 96720 1380 Male Manu Street etc Dana Kenny H&MIlan Island Homes Ltd / 162 Klnaale Street,Ste 201 2-5-061:015 HIHL Melemanu LLC Hilo,Hawaii 91720 1360 A Mele Manu Street F Yokota, etvin H 1351-A Mble Manu Street 61:00$, Yokota,Jan Hilo,Hawaii 96720-•- 1358/t;Me1�Mgnu78tmet Kanernoto,Wayne KTnxt '1368B Mels Manu Street -z�•-081:009 Kanemoto,Amy Emlko Trust �Hllo, Hawair 86720 1358 B Mole Menu 1760 4135 8089358281 "x, 11 04-17-2014 20132 72 Palua Loop 2-5-161:007 Su ' a,Bryan Hiroala Family Trust Hilo,Hawaii 96720 i�tIIA Kimura,John T TTEE 1300 Mela anu Street 1:006 Kmura,Gail tC Trust Hilo, Hawan 96720 1300 Mete Manu Street 1290 Mele Manu Street 2-6-061:005 Leong,Kel /Alyson Y Kaku awa Trus Hilo, Hawaii 96720 1290 Mete Manu Street Hirano,Vfttaru Sano,Phyllis Anne r Hirano-Orn¢o,ftoml Y Trust 235 Edita Street 2-6.061:004 Hirano,Shinae Hilo,Hawaii 96720 235 Edita Street . 2061:036 various 1 Road /2-KO81 3939 various Road 25 Aupuni Street 2-6-061:080 Coun of Hawah Hilo,Ho we#96720 Road rNagai, sarull`tancy Trust 035 Kaumarra Drive 2•6-011:011 Nagai,Nancy Hgo,Hawali 86720 1035 Kaumana Drive Cling,•Carroll D 1045 Kaurriana Drive 2-0-011:012 Cling,Donnie Fa Hilo,Hs►Wail 96720 1045 Kaumane Drive Papailmu.Joseph Kalml 1053 Kaumana Drive 2-5-011:013 Pa ailmu,Kahlolanf Juanita Hilo,Hawaii 96720 1053.Kaumana Drive Fergerstrom,Norma R 1066 Wumana Drive 2-5-011:014 Fegerstrom,Arnold TR Hilo Hawaii 96720 i 1065 Kaumana Drive Crivello,Ronald Anthony 1073 FWUmena Drive- 2-5-011:015 Crivello,Loretta Alejandro Hilo, Hawau 96720 1073 Kaumana Drive Sato,Mark M P.O.Box 529 2-5 011:016 Sato,Menses A Kmeohe,HaWali 96744 NIA 20 Wowai Loop 011:017 Fergerstrum,Arnold TR Hilo,Hawaii 96720 1139 Kaumana Drive 147 WWra We 2-5-011:018 RushlowJohn Howard Hgo,Howd 96'120 1147 Kaumana Drive Spencer,Thomas S Trust 1110 Kaumana.Drive 2-"11:019 Spencer,New Tan Dedd Hilo,Hawaii 96720 1110 Kaurnma Drive 1090-A Kawfum Drive 2-6-41.1:020 WLqw, s.H HJIp,Hawd 00720 1094 KeurnaRa Detre 1131 Kaurnana Drive 2-5-011:038 Caraft,John G Hilo,Hawaii 96720 NIA LfLwe MM '1131 Kaumana DM 2-5011:0.39 Carvelho,John G Hilo,Hawalll 96720 1131 Kaummm pave do Barbara rres 1068 B Kaumama pdve 2-0011:043 Correa Faindy Trust Ham,Hoorah 95720 1074 Kaumana Drive Av _ , �;: ng Sandi° I :;' 3Kiibitve. : ,�t��� Q.�Q:• S�arrl.. :�r�':�_ ����f - 1Q�3t�aritrm� a����. 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S211K. AW p.�(.�c::!- 'i�keyrmar, 215 Kam Drive Apt'.C ' 2-5-027:026 Ushlimp,Sse H HOD,Hawa118 M 1215 C Ksumam Drive Segaw-% Rodney Macy F 1215 D Kaumm Drive 2-5-027:027 Segawa, Susan Marie Hilo, Hawaii 96720 1215 D Kaumana Drive Ebesu,Royce T Jr 1215 G Kaumane Orhtp ' 2-5-027:058 Ebesu,Jane L A Hilo,Hawail 96720 1215 G Kaumana Drive 1215 G Kaumaris Drive 6-027:069 Ebel ,tan L A Trust Hila, Hawaii 06720 WA road-7 1215 l3'Kaumana D Sege=,,lRodney P• _ - rive 27:070 Nam,Susan Merle Hilo,Hawaii 96720 NIA(road?? ° 1213 A Kamm Drive 2-6-027:O05 Sato,Sandra Hilo, Hawal;96720 11213 A Kaumana Drive 1762 4137 8084358281 - 1' ' Q8a.m. 04-17-2014 22!32 Hasegawa,Edward K 250 N Judd Street 2_5-027:046 Hasegawa,Caroline G C Honolulu,Hawaii 96817 1211 Kaurnana Drive 1209 A Kaurriarta Drive ►-027:043 Pe Catalina A Hila,Hawa i 96720 1209 A Kaurnana©rive Okuhare,Henry S P.O.Bou 945 2-5-•027:044 Okuhare,Norine N Hiro,Hawaii 96721 1209 B Kaurnana Drive Turner,Jason Phillip 1209G Kaurnarra Drive 2-6-02.7:045 Turner,Jennifer Sims Hb,Hawali 96720 1209 C KauTnana Drive 823 Kournana Drive 2.5-027:053 TsudjNa,Kari K Hilo,Newall 96720 1175 Kaurnana Drive alva,Paul 1169 Kauffma Drive' 'r 2-5-027:064 Paiva,Shawn M Hilo,Hawaii 98720 1169 Keumana Drive 1155 Koumana Drive 2-5.027:065 Komatsu Garret T Hilo,Hawaii 96720 1155 Kaumena Drive f Inouye,Tatsuo Trust 2230 Apospoe She . 2-5-027:056 Inouye,,tuna Trust Pearl Cily.Hawaii 96782 N/A ,r Gaya,Melvin H Trust 7 Kaumena Drive 2-5-027,.047 Go , ono Trust Hilo,Hawaii 96720 1170 Kaumana Drive ✓ Kuwahara,Bryson T 1142 Keumana Drive 2-5-027.057 Kuwahara,Loma T Hilo Hawai186720 9142 Kaurnana Drive Kuwahara,Bryson T 1142 Kaumana Drtve 2-5-027:007 Kuwahara,Lorna T Hilo,Hamill 96720 N/A Oliveira,Mafy Jane Oliveira,Manuel Ill 1150 Kaumana Drive 2-5-027:008 011veira,Manual Jr Hila,Hawaii 96720 1150 Kaurnana Drive 98.458 Hoono Street f -5.027,009 Yahata Waika Pearl City,Hawall 98782 1162 Kaumana Drive "41r'IF W •'r- •'4.4^� `' 0 VIt :P - "Y.a w�!*"s'r 7t •4..•y SAS~• _ _ -+•, 1 + �.''... O,Z =:. 1.t t)1!(aur+tanaf, Nakamura,Bryoe H P.O.Box 294 2-0-027:034 Nakamura,Sh S CaPbdn Cook,Hawaii 96704 1240 Kaurnana Drive 1250 KamanDdve f 2-5.027:035 Robkxk%Pauleft A Trust Hlo,Hawaii 96720 1200 Keuntana Drive 1268 Kaumana Drive / 2-5-027.038 Perreua FafnAr 2008 Tract Hk Hngff 98720 1268 Kaumana Drive 1280 Kaumans Drive f 2-5rIf27:014 HoshidaM HBO,Hawaii 88720 2280 iCr3rmtarta Drive Slfrrtja, 1 Kauffiana Dda 2-6427:040 Shk o,Aileen C Hilo,Helsrali 96720 1272 Kaurnana Drive Kaneko,Ryan T 1284 Kaurnana Drive ! 2-&027:037 Kaneko,Aimee A Hriay Hawaii 96720 1294 Kaurnarra Drive 1300 Kaumane Drive 'r 2-5-027:038 Y4 a,Jan K Htio,Hawan 96720 1300 Kaumana Drive ujisawa,Stanley Fyjfsawa,Tammy L Fullsawa,Curtis S 1296 Kaumana Drive 2-6.027:039 Fu isawa,Minerva 5 Hilo,Hawaii 96720 1296 Kaurnana Drive ,"12-5-027:015 State of Hawaii Kaumana Drive 1348 Kaumana Drive -02T.023- b[akarfo�to",Tsuru tjrust Hilar,Hawall98720-. .. 1345Kaurrm aprlire-- s 1360 Kaurnana Drive Z'-5-027:016' Otani,James M I Hila,Hawail 96720 1360 Knumans Drive 1763 4138 8089358281 , ""�ti 1` ' a.m. 04-17-2014 23132 , Matsu;Russell 1352 Kaurnana Drive 6-027.'041 Matsu,Lorraine H Hilo,Hawaii 96720 1352 Kaurnann Drive 8 Pokole Way 427:420 HlroshirSitizoilo Trust Nilo,Hawaii 96724 NIA xvec e•.-_:: est w:Y:._ :-,;.• _ - r K' `•�`- - - ='• '•F`•'.:.• -._iSF•..;'s`4•:.^, ♦F �;'f"4'T �- _.44i �7'`K } .i..,...�, -y,. _ y•`e. - r3�f.. w,.F.+_.fe 72-97, r t "::`y�^ i, ::f.; .Y. .j= .moi- _ _ - '.� }1 ,:i., f••.r�::'��� '`-�Y::,,Y"w / C` Y .,,tY,,•i,'-wF.'�, ` {s" '.. :5 _ J rq'. r. .fir i= �'._ �,,iS,. 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' Ira:lar+v :., . n '•�:Y4�`Ts1. tt • _ ..M`..._, _V�.t. _ _ ... r. •i _.'y._:..s.. ____ 01 -w- 'u,^.! - ..ems• F"1.�;�'. 53raYlC• Il� r: jr T Yf�1:�1y i•_^'r`I .rr. +,�.'•1-�.,.- IT g , A - 2-6-027':471 SMM,Key K NIA TqLwq l2-5-027:004 various macbm WISSM T y.,,3g n'-''' .�a�T:' ":�:+:4ti .kL ee .rr'_• '�+.ice. ✓. i.0��4 .+��•�'d"'i�`1y.4';'i�Y- it:f Atm° —3,:1_'�'-' - - `7:f �t?���"�''_ :r�f�,,� 1�. --.:u��^tr..h:%::°�=°`":y"��_sl_i, '� ••+• ,.Y.� YT'4,-'"+:*�y��,r'.. �>t-i`• - ' _:- } §.,�� :n�..•.• -.c•^�'.'^'.•�r`=^i' 'F+_. �;ff '" •s.-.'•,'.:y ��'y�"_ .•-'L�.u:,,•.��"+.'-- fs.•t` f 2-6-027:019 A*Wfam Kabaamakmf I�iA Tara KalewhueoMlelfanl 1603 Keurnana©rive 'I 2-66440:011 LN,1)oreen Kanani Mo.Hawaii 98720 1543 Kaumana iJfire 98 Kulalaa Road 2-0-040:410 Tamota,Kalil Jennifer l.elhue Hilo, Ha+r 196720 1493 Kournana Drive Mani, Norfaki Otani,Fupe Otani,Brad Him Otani,MaleNedw- 1489 Kaurnana 06vs -040:oA9I PaW,Shawn Marie Hilo, Hawali 96720 1489 Kamm i]rive 1764 4139 8089358281 f +' a.m. 04-17--2014 24132 Hirayama,Eden Etsuko Hlrayama,Olen Setsuko Mama,Wmilco Kitamura,Susan Selsuko Kitamura,Tadayuki 1479 Kaumana Drive 2-"40:008 Kitamura,Wayne t(azuyuki Hilo,HaM 98720 1479 Kaurnam Drive Okffeld,Frances 1473 Kaumaria Drive r 2-5-040:007 Oldfield,Richard Hilo,Homil W720 1473 Kaumana Drive wide,Jewels Anuertue 561 Alibi dace r 2-6-040:005 Almeida,Marts Kailua,Hawaii 98734 1461 Kaumane Drive meuW,Brendan J 1447 Kaumsna Drive 2•-5-0417:036 Johnson Mellssa Ann Hilo Hawali 96720 1447 Kaumana Drive oshdmura,C tseko 1441 Kaumana Drive 2-5.040:005 Yoshimura,Gary K Hilo,Hawaii 96720 1441 Kaurnana Drive 25 N Judd Street 2-5-044:435 Hasegawa,David A C Trust Honolulu,Hawaii 96817 1433 Kaumana Drive Tiogatngoo,Anne A 1391 iiaurnana fire r 2.5.040:004 angc%Jordan L Hila,Heiraii 96720 1381 Kaumana Drive Enold,Calvin H Trust 138 umane Drive 2-6-040:1703 3ayama-Enoki,Sandra H Trust Hilo,Hawaii 96M 1381 Keumana Drive lotcu,George M 1376 Kau-mane Drive 2-8-040:002 Kaitoku,Jchrc e H Hlio,Hewell 66720 1375 Kaumana Drive P.0.Box 4305 2-5-04&040 Hinez,Matthew F Hilo,Hawaii 987220 1369 Kaumana Drive bieraa,Dairy M Oblero,Sears W Rezentes,Henry J 1367 Kaumans Drive 0:001 Razentes,Raquel K Hilo,Hawadl%720 1367 Kaumana drive 1374 Kau mama Drive 2-5-040:039 Toms H11%Hawaii 66720 1374 Kaurl ma Drive 1027 Kagarva Street 2-5-040:041 Shaver James R Pacft PaIsades,Cailiornia 1394 Kamm Drive 1468 Kaurnans Drive r. 2-5-040:015 Lea-Ming,Rirharrd Trust H'do,Hawaii MO. 1468 Koumana Drive. . r F*nd0.Byron 8 142 PuddQt MW 2-8-040:014 Was%Shirley T Hilo,HawA 96720 1486 Kaumana Drive Roddles,Fimi is Herbert 50 Akah Road 2-54040:018 Radfilas,Martha Ann M,Hawaii 96720 1456 A Km myna Drive Francis Herbert 50 Atcala Road 2-5.040:042 Mas,UA#m Ann Hilo,Hang 9B720 50 Mala Road Rubio,Kasten LOw 2213 Akft Road 2- 0 0:013 Rulaa Uoyd J Hilo,Haw ll 98720 1496 Kaurnane Drive r 2.6-044:012 Sh tta of Ham Kauffam Clave Park 4588 Kaunum Drive 8u#z,Marc 56 Ak'ala Road 2-5-040:019 Gdan Dido,Desiree Hilo,Hawaii 96720 55 Akala Read Flood,Jeanie L 1600 Kaurnaria Drive 'r 2-6-11 U20 Road,Shawn G Hilo,Hmml 9672{3 1600 Katrnwa Drive ;l:'�',r.Q1#.fii31..• �h ffy�9�}ajr��..�',Tf!'p4s�.' F�`���1•�_•`�'?8$��Li>.. - [4�A" - T Chi �4 tt —= `"Q2704� Clityri ;Sfl�tioCl:Anrf.-' ��gr�ay��9720:' SCEioti"�,,�.r�et.+ 1755 4140 8089358281 �' b a.m. 04-17-2014 25/32 REQUEST TO ACCESS A GOVERNMENT RECOPM DATE: April 17.201 # ^-7 TO: Planning Commissioner Ronald Gonzales,cio County ofHawaii Planning Department FROM: Ted FI.S, Ro.ng,Esq. Contact lnrormation: Post Office Box 4217,Hilo,Hawaii 96720-,933.1919,email:ted(i,,led honelaw,com Although you are not required to provide any personal information, you should provide enough information to allow the agency to contact you about this request. The processing of this request may be stopped ifthe agency is unable to contact you. Therefore,please provide any information that will allow the agency to contact you (name or alias,telephone or fax number,mailing address,e-mail address,etc.). 1 WOULD LIKE THE FOLLOWING GOVERNMENT RECORD, Describe the government record as specifically as possible so that it can he located. Try to provide a record name, subject matter, date, location, purpose, or names of persons to whom the record refers, or other information that could help the agency identify the record. A complete and accurate description of the government record you request will prevent delays in locating the record. Attach a second page if needed, Any and all personal documents and correspondence memoranda, letters,correspondence, personal emails within the past two (2)years to present(July 25,2012 to present),that mentions CONNECTIONS and/or COMMUNITY BASED EDUCATION SUPPORT SERVICES and its plans related to the Special Permit Application (SPP No. 12-00013$) to/from and/or between any individual from the attached list. I WOULD LIKE: (please check one or more of the options below) ❑ To inspect the government record. ❑ A copy of the government record: (Please check one of the options below.) See the back of this page for information about Fees that you may be required to pay for agency services to process your record request. Note:Copying and transmission charges may also apply to certain options. ❑ Pick up at agency(date and time): ❑Maii ❑Fax(toll free and only if available) ❑Other,if available(please specify): ❑ If the agency maintains the records in a form other than paper, please advise in which format you would prefer to have the record. ❑ Electronic ❑ Audio ❑ Other(please specify):­ I ❑ Check this box ifyou are attaching a request for waiver of fees in the public interest I (see waiver information on back). SCA N N E � SEE BACK FOR IMPORTANT INFORMATION , By 4141 8089358281 1" a,m. 04-17-2014 26132 TMK Owner(s) owner's Mailing Address Street Address of TMK 2 5-006:003 State of Hawaii NfA Segawa,Wesley R 19 Puuko Street 006:052 Segawa,Phyllis E Hilo,Hawau 96720 NIA = .`. Mds D&elapment 616 Moaniata:$tr.60% 2 t1Ot;;061 cla.fameS:.Pap as,Treasurer f oMQlula jig NIA 1342 Kilauea Avenue 2-5-006:160 Brilhante-Hawaiii Inc. Hilo,Hawau 96M Puainako Street Ext 616 Moaniala Street 2-a-006:151 Pappas,Marii J.Trust Honolulu.Hawaii 96821 NIA 262 Edtta Street 2.6 OB 1:033 Riley, Randeii A Hilo,Hawaii 96720 282 Edna Street 272 Ed to Street 2�-061:032 Batalia Roxanne-JoX Cano Hiio,Haowali 96720 272 Edlta Street Yamashiro,Lorna Y 503 Manulele Street 2-6-081:031 Yamashiro,NO Hilo,Hawaii 96720 264 Edlta Street Iwasaki,Alan 232 Edits SUTR 2-5-061:025 Iwasaki,Patsy Hilo,Hawaii 96720 232 Edna Street _ 77 uld Street 245-061,028 Mochida,Ivan S.Trust Hilo,Hawaii 96720 224 Edits Street Gomes,Jeffrey,Kalan! 281 Edita Street 2-5-061:001 Games,Wendy Keiko Hilo,Hawaii 96720 281 Editr3 Street Ta a,Glenn K 259 Edita Street 2-6-061;002 Tada,Karyn N Y Hilo,Hawaii 95720 259 Edita Street 1416 Pu'u Ale Place 2-"81:003 Sakamob,E!neat A Trust Hila,Hawau 96720 N A 9360-D Male Manu Street 1:012 Aksmine,Chun Y Trust Hilo, Hawaii 96720 1360 D Mele Manu Street Araujo,Lorrin T 1338-D Mele Manu Street 2-6.061:011 Arauja,Margereia Hilo,Hawaii 95720 1358 D Mele Manu Street Fuke,Aileen S 1358 Male Manu Street,Apt C 2-6-061,010 Fake,Sidney M Hilo,Hawaii 96720 1356 C Meie Manu Sire 1360 C Male:Menu Street r 2-5-061:013 Shiro,Douglas T. Hilo,Howaii,96720 1360 C Male Manu Strad 1380 Mete Mann Street#B i-&&1:014 Bevington 5atik Tmst Hilo,Haalra8 95720 1360 B Male Manu Street Cwmcho,Brenda M K 141 de Lianu Skeet 2-5-Mi-.017 Camara,dandd W Jr. Hato,Hawaii 9672(1 11414 A Merle Manu Stmt N`zmhimoto,Nelson N 1414 Melo Mann Streef;Apt.13 2-5-061.018 Omrt,Patty KWdm Hdo,Hm"96720 1414 B Mole Manu Street Novak,Allen t. 1414 G Male Manu Street 2 5-OB1:019 Navak,Layne Y M Hilo,Harte Wm 1414 C Mete Manu S LmW, L H VOWm,SWm K 1416 C Male Manu Street 2-5-061:020 mbelm,Pahicia J Hilo,Hmal 96720 1416 C Mole Menu Shvet Takata,Brios Himshl cta777 Ainaka Avenue 245-061:021 Takata,CMssdnne Leiko Hila Hewd 9f5720 1416 B Male Manu Street Chun,Mark Mchard 260 Edna Street p 5-061:030 Takern" a,Marianne Yasuka Hilo, Hawaii 96720 260 Edb Street P.O,Box 5915 r 5-061:072 Herzog,Markus 2010 Trust Hilo, Hawali 96720 1416 A Male Manu Street 1464 Mele Manu-Street- 061:041 Mok,TR Hilo, Hroll 96720 1464 Mele Manu Street Arzaga,Noeml L 1468 Me Marto Street 4061:042 ,Rudy D Hilo,Hawall 96720 1468 Male Manu Street 1759 4142 8089358281 1' 'qa.m. 04-17-2014 27132 1488 Mele Manu Street 5-061.043 Hudak, Daniel Robert Hilo,Hawaii 96720 1488 Mele Manu Street Vedato,Franidin D 1500 Mele Manu Street 61:044 Veriato,Virginia L Hilo,Hawaii 96720 1500 Mele Manu Street Murai, Gary 299 A Alu Road 2-5-061:045 Mural,Ja2aueline K Wailuku,Hawaii 96783 1510 Male Manu Street nehele, Masao 1520 Mele Mang Street 2-5-061:046 Kariahele,Valerie-Ann Lento Hilo,HawaB 96720 1520 Mele Manu Street 1342 Kilauea Avenue `2.5-061:106 Brllhante-Hawaii,Inc. HUG,Hawall 96720 Krlsbano Street 1342 ICiauea Avenue 2-5-061:105 Brithante-Hawaii, Inc. Hilo,Hawall 96720 1 Kristiano Street 1342 Kbuea Avenue ' 2-5-061:104 Briihante-Hawafi Inc. Hilo,Hawaii 96720 Kristian Street 1342 Kilauea venue 2.5-061;103 Arilhanbe-Hawan Inc. Hilo,Hawait 96720 Msliano Street 1342 Kilauea Avenue 2-5-061:102 Brilhante-Hawaii, Inc. Hilo,Hawaii 96720 Mstiano Street 1342 rvlaueaAvenue r 2-5-061:107 . Bnlhante-Hawaii.Inc. Hilo,Hawaii 96720 Kristiano Street Truesdell,Joel W 260 Krishan Street 2-5-061:049 Truesdell,Elizabeth French Hilo,Hawaii 96720 1250 Kristiano Street Santos,Robert J Tr 1540 Male Manu Street f 2-5-061:048 Santos,Celeste G Tr Hilo,Hawaii 96720 9540 Male Manu Street Wilson,Lee Michael Marita 1536 Mele Manu Street 2-5-061:047 Wilson,Addenn Misae Morita Hilo,Hawaii.96720 1536 Mele.Manu Street 243 Mlkala Street 1:068 Kimura Lany L Hilo Nassir 96720 243 hfftla Street Ogawa,Glenn 11495 Mete Manu Street 2 5-0131:069 Kouchi-Olm, Geral H Hilo,Hawaii 96720 1495 Mete Manu Street Bishop, Michael KizaK Pamela V Trust 1485 Male Manu Street 2-5-01.-G70 Botelho,Lee Mani Hilo,H"W 98720 1485 Mese Manu Street 1473 Mele Manu Street 2-6-061.071 YomarA Bmmnd Iwao Trust Hilo,Hawaii 96720. ]473 Mele Manu Street r silnastrita,Gary M 1457 Mole Manu Street 2-5-061.072 Yom,Rochelle A Hilo,Hawaii 98M 1457 Mele Manu Street lyda,Erwin Y 1449 Mete Manu et 2-5-M.073 Lam4i*Jule C Y Hilo,Hawaii§6720 1449 Mete Manu Street 1439"M6le Manu Street 2-s-on826 Saimmoto Lester S Trust Hilo,Hawaii.96720 1439 Mele Manu Street Ignacio,Michael L 1411 Mete Manu Street 2-6-Mi:025 Claudia D Flit,Hawn 96720 1411 Male Manu Street Tdai ft Jon P 1395 Mele Manu Street 2-5-061:024 Taira-`okut ke,Patti H Hilo,Hawaii 96720 1395 Mele Manu Street Shozuya,Eric M 1380 Mele Manu Street 2-"61;016 Shozuya,Barbara L Hilo,Hawaii 96720 13W Mete Manu Street cla Dana Kenny Hawalian Island Homes Ltd 16219noole Street,Ste 201 2-5-061:015 HIHL Melemanu LLC Hilo,Hawaii 96720 1360 A Mels Manu Street Yokota,-Me hrin H 1358-A MCe Mann Street MOO Yokota,Jan• Hila, Hawaii 96720-. ' . - 1358 R MWMahu Stream Kanemoto,Wayne K Trust 13588 Mele Manu Street [K--t-061-.009 Kanemoto,Amy Emiko'crust Hilo,Hawaii 96720 1358 B Mele Manu Street 1750 4143 8089358281 • �'Tom" a.m. 04-17-2014 28132 72 Palen Loop 2-5-061:007 Su iyama,Bryan Hiroaki FamilyTrust Hilo, Hawau 96720 NIA IGmure,John T TTEE 1300 Mele Manu Street x061:006 Kimura, Gait K Trust Hilo,Havrali 96720 1300 Male Manu Street 1290 Mete Manu Street 2-6-061:005 Leong,Kelly 1 Al son Y Kaku awe Trus Hilo, Hawa+i 96720 1290 Mete Manu Street Hirano,'Wataru Sano,Phyllis Anne r Hirano-Ornizo,Naomi Y Trust 235 Edita Street 2--061:004 Hirano,Shtnae Hilo,Hawal!96720 235 Edita Street r 2-6•081:03$ various Road 2-5-061:039 various Road 25 Au puri Street 2-5-061:080 County of Hawaii Hilo,Hawaii 98720 Road hlagal,Masaru/Nancy Trust 1035 Kaumana Drive 2-5-111:011 Nagai,Nancy Hila,Hawat<96720 1035 Kaumana Drive C1ing,•Carroll D 1045 Kaumana Drive 2-5411:412 Ging,Dennis Faye Hilo,Hawaii 96724 1045 Kaumana 13rive Papalimu,Joseph Kalmi 1053 umana Drive 2-5-011:013 Papalimu,Kahioiani Juanita Hilo,Hawail 96720 1053.Kaumana Drive Fergerstrom,Norma R 1065 Kaumana Detre 2-5-011:014 Pegerstrom,Arnold TR Hilo,HawaB 96720 10611 Kaumana Drive Criveilo,Ronald Anthony 1CY73 Kaumana Dave 2-5-011:015 Criveilo,Loretta Alejandra Hilo,Hawali GUT20 1673 Kaumana Drive Sato,Mark M P-0.Box 529 2--011:016 Sato,Mellasa A Kaneohe,Hawaii 96744 NIA 20 Wawa!Loop 11;017 Fergerstrom,Arnold TR Hilo,Hawaii 96720 1139 Kaumane drive 1147 Kaumana Drive 2-5-011:018 Rushtow,John Howard Hilo,Hawaii 96720 1147 Kaumana Drive Spencer,Thomas S Trust 1110 Kaumana Drive 2-5-011:019 Spencer,New Tan Decd Hilo,Hawaii 96720 1110 Kaurnana Drive rbori,Ails T 1090 A Kaurrims Drive 2-&011:020 Wim,Cps H HPo,Hawari X720 1090-Kaumana Drive 1131rrlana Drtlre 2-5-011:038 Carvalho,John G Hilo,Hawaii 96720 NIAHume MM 1131 Kourrrarra Drive 2-5-011:038 Carvalho,John G Hilo,HmNW 96720 1131 Kaumana Drive c/o Barbara 8rid wood-Correa 1058 S Kaumane Dries 2-1-011:043 Correa Family Trust Hilo,Hawd 96720 1074 Kaumana DM A1.3:.��� ::- ;-• :: 2 0 - taofig -Saikfa�H': ' ' 1�23�ifatiir�,r'i�.pmre : , Sa$amur iai-" f. 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"�t'- r r'rtj"s�./�`r�"-�.�r`=r-.+•-;��.: }�ry',�_;.•• NO,LIVAuld ! 2sa-027:019 Alia,William Kalmemakani N/A roaftay Tam Katelelwankafeilanf 1503 Kaumane Detre 2-59-040:011 Lee,Doreen Kanani Hilo, Hawaii MO 1503 Kaurnana Drive 98 Kulaloa Road 2-5-040:©14} Tomota,Kalil Jennifer Lelhua Hilo, Hawall 96720 1493 Kaumana Drive Otani,Norfald Otani,Fife Mani,Brad Him --- Otani;MaxNedo - 1489 Kaurnana Drive'e) — - - - - -040:009 jPalva,Shawn mi oOe Hilo, Hawall 96720 1488 Kaumana Drive 1764 4147 8089358281 a.m. 04-17-2014 32132 Hirayama, Ellen Etsuko Himpma,Ellen Setsukc Ktamura,tlmiko Kitamura,Susan Setsuko IQtamura,Tadayuid 1479 Kaumena Drive 2-5-040:008 Ktarnura,Wayne Kazuyuki Hilo,HawaG 96720 1479 Kaumana Drive Oldfield,Frances 1473 Kaumana Drive 2-5-04W)07 Oldfield,Rrcirrard Hilo,Hawaii 96720 1473 Kaumana Drive Almeide,Jewels Anuenue 561 AIN Place 2-5-040:006 Almeida,Mark Ksipo Ultra,Howdy 96734 1461 Kaumana Drive Hennessey,Orendan J 1447 Kaumana Drive f 2-5-040,036 Johnson,Melissa Ann Hila,Hawall 96720 1447 Kaumana Drive Yoshimura, hiseko 1441 Kaumana Drive 2-6.040:005 Yoshirnura,Gary K Hito,HW+i A 95720 1441 Kaumana Drive 250 R Judd Streat 2-5-040:036 Hasegawa.Davfd A C Trust Honolulu,Nawab 96617 1433 Kaumana Drive Tioliengco,Anne A 1391 K10mana Chive 2.5-040:004 Tiogangoo,Jordan L Hilo,Hawa€i 96720 1391 Kaumana Drive Eriokt,t aMn H Trust 1381 Kaumana Drive 2-5-040:1703 ma-Enold,Sandra H Trust Hila,Hawalf 96720 1381 Kaumana Drive Keltoku,George M 1375 Kaumana Drive 2-5-040:002 bCaEftoku,Joyce H Hdo,Hawaii 86720 1375 Kaumana Drive P.0.Box 4305 2-5-040:040 Hinez,Matthew F Hilo,Hewell 96720 1369 Kaumana Drive Obiero,Dem M Obiero,Sean W Rezentes,Henry J 1367 Kaumana Drive -040:GD1 Razantes, Raquel K Hilo, Hawaii 96720 1367 Kaumana Drive U74 Kaumana Drive 2-0-x}40:039 Toma,Bryson Hflo,Hamii 98720 1374 Kaumana Drive el 9027 RijN s Street 2-55-040:041 Shaver,James R Pacific Pai'lsades,Callfemia 1394 Kaumana Drive 1468 Kaumana DWe r 2-5.:040:015 Lee-Ch' .Rbhard Trust: Hilo,Hawaf 96720 11468 Keumana Drive Fujmotn,SYroir S 142 PWO Street. 2-5-040:014 iwase,81111T Hilo,Hawaii 96720 1486 Kaumana Drive Radtttas,Fmmds Herbert 60 Akab Road 2-5-040:011B Rod'dlas,Martha Ann Hilo,HmvM 98720 1486 A Kaumana Drive Rcdillas,Frar>cis Herbert 50 Atcafa 2-5-040:042 FkdRm iia Ann Hila,He"96720 50 Akafa Road Rutiio,Karen Left 226 Abba Road 2-54044:013 Rutrio,YM5 J Hrlo,Hawal 96720 1496 Kaumana Drive ✓ 2-84040.012 Sfa6e of Hawar7 Kaurtwrre Cm Parte 1568 Kaumana Dave Butz,Mara 55 Aima Road 2-5040:019 Gmn regoria,Desiree Hilo,HeM 1i8T20 55 Alcala Road Flood,Jeanie L 1600 Kaumana Drive 2-5-040;020 Flood,Shawn G Hilo,Hawalt 913720 1600 Kaumana Drive �.` :: -:: : - , , :. ,_• ,..:-; -,. 78..;�I fist traet` ;' . 2:'5�-��_�:.�L13 G�#.o`ri�:-���ceF',TNsti• k��tl4'lt��.967�4: �f1A. if�amsi Glerlii ':rrut" 33.K .as �itstref: "fit)lii:D�15 arti ;' f .v Nst, H ;,H u ii 9 2 s�.WA ` 6"A `e Kati. Qjjt 48 Ctiordg S ipmo-�An0 Hili? laWdfi° r72Q 6 Cltoti .$treat 1765 4148 0 Y'' v R_!".c `thy 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.SiuL66hawaii.gov Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, H 196720 Telephone No. 808.933.1919 ted(qtedhongl 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 } CONNECTION NEW CENTURY PUBLIC } APPLICANTS CONNECTION NEW CHARTER SCHOOL AND COMMUNITY ) CENTURY PUBLIC CHARTER SCHOOL BASED EDUCATION SUPPORT } and COMMUNITY BASED EDUCATION SERVICES ) SUPPORT SERIVCES (CBESS) JOINT EXCEPTIONS OF HEARING OFFICERS ) REPORT, FINDING OF FACT, Application for Special Permit Application ) CONCLUSIONS OF LAW, AND No, 12-000138 } RECOMMENDATION DATED APRIL 7, 2014; CERTIFICATE OF SERVICE HEARINGS OFFICER- SANDRA SONG TMK: (3)2-5-006:141; Kaumana, South Hilo, ) HEARING DATE: ��.�A���� Island of Hawaii OCTOBER 21 AND 22, 2103 4149 r, APPLICANT'S CONNECTION NEW CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) JOINT EXCEPTIONS TO HEARING OFFICERS REPORT FINDING OF FACT CONCLUSIONS OF LAW AND RECOMMENDATION DATED APRIL 7, 2014 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 Exceptions. The contested case hearing was held on October 21 and 22, 2013, November I2, 2013, January 8 and 221, 2014. Throughout the Contested Case 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. Hong. The hearing also included the County of Hawaii Planning Director, represented by counsel, Amy G. Self, and Intervenor Jeffery K. Gomes, represented himselfpro se. L INTRODUCTION Pursuant to Rule 4-29 of the Rules of Practice and Procedure of the Planning Commission, County of Hawaii ("Commission Rules"), Community Based Education Support Services("CBESS") hereby submits its Exceptions to Hearing Officer's Report, Findings of Fact, Conclusions of Law and Hearing Officer's Recommendation. CBESS asserts in Exceptions provided herein, that the Hearings Officer's Report: 1) Deliberately ignored the expert/technical witness, evidence, information and testimony within the Record and/or presented during the Contested Case proceedings. 2) Failed to cite to any expert/technical evidence that supported the Hearing Officer's assertion that mitigative measures or the conditions of approval proposed would not adequately address any effect to the surrounding properties. 3) Failed to cite any expert/technical evidence that supported the assertion that the mitigative measures or the conditions of approval proposed would not adequately address any effect to public agencies. 4) Overreached by asserting that mitigative measures would not be sufficient. ' The Applicant submits Exception to the Hearing Officer's Report which notes the date as January 21, 2014 and should correctly reflect January 22, 2014. -2- 4150 J:u 5) Overreached and circumvented the authority of the Planning Director by misinterpreting the County General Plan. 6) Overreached and circumvented the authority of the State Office of Planning by interpreting Hawaii Administrative Rules (HAR) §§15-15-95 and 96 and Hawaii Revised Statues (HRS) §205-6. 7) Intentionally failed to use prudent judgment over this matter as the Hearing's Officer was preoccupied at addressing pressing personal health and family issues. II. AUTHORITY Pursuant to the County Charter, County of Hawaii, authority is given to the Planning Director by Chapter 7 Section 6-7.2(b). The Director shall be the chief planning officer of the County. Hawaii County Code Chapter 25-2-1 Duties of county officers: (b) The director shall enforce all other provisions of this chapter pertaining to land use. "The Planning Director recommends that the Planning Commission send a.favorable recommendation to the State Land Use Commission. " Id. Record at 881. Pursuant to the County Charter, County of Hawaii PIanning Director is charged to prepare a general plan, implementation plans and any amendments thereto in accordance with Section 3-15. As the long-range land use policy,the Planning Director is given authority to conclude a project's alignment with the General Plan. "Based on the above, the proposal request is not contrary with the General Plan Land Use Pattern Allocation Guide (LUPAG)Map. " ld. Record at 891 State Office of Planning is charged with the review of projects proposed within the State Agricultural District. Pursuant to Hawaii Administrative Rules (HAR) §§15-15-95 and 96 and Hawaii Revised Statues (HRS) §205-6. "The Of fice believes the proposal meets the guidelines of HAR 15-15-95.for determining an "unusual and reasonable use"for the granting ofa special permit pursuant to HRS , 205-6. " Id. Record at 758 to 761. "The proposed use would not he contrary to HRS Chapter 205 and 205A. , ." Id. Record at 759 -3- 4151 "The proposed use would not adversely affect the surrounding low density residential properties. . ." Id. Record at 759. "Q. In terms of compliance with the,factors in Chapter 205 of Hawaii Revised Statues, would what appears to be a letter dated October 3, 2012 from the Office of Planning, Department of Business, Economic Development and Tourism, would that be one of the considerations the Planning Department takes into consideration?"A. Correct. We do give it fairly strong weight in the recommendation." Emphasis added, Testimony of Duane Kanuha,Transcript of Proceedings Vol 1. Page 216 line 7 — 15. Section 205-6 HRS 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 instant case involves more than fifteen acres of land, the Planning Commission should forward a favorable decision/recommendation to the State Land Use Commission, who will meet separately from the county planning commission to consider the Special Permit application. 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. 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 pen-nitted within the district; -4- 4152 (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 should 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). III. GROUNDS FOR SPEICAL PERMIT and CONSISTENCY WITH GOVERNMENTAL PLANS, POLICIES AND CONTROLS The Commission should 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, Hawaii Revised Statutes, as amended. "The Offace believes the proposal meets the guidelines of HAR 15-15-95 for determining an "unusual and reasonable use"for the granting of a special permitpursuant to HRS ¢205-6. " Id. Record at 758 to 761. "The proposed use would not be contrary to HRS Chapter 205 and 205A. . ." Id. Record at 759. The Commission should also consider the criteria listed under Section 6.3(b)(5)(A) through (G). In this case, the Record indicates that the Applicants fulfilled all requirements of Rule 6- 7, Rules of the Planning Commission. 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 special permit process for usual and reasonable uses within the Agricultural district is available. This is the case herein. Id. Record at 758 to 761 Rule 6-3(b)(5)(B). The desired use would not adversely affect surrounding properties. This is the case herein. Id. Record at 758 to 761 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 -5- 4153 will be done to ensure that the proposed use shall NOT burden public agencies. Id. Record at 758 to 761 and 773 to 784 Rule 6-3(b)(5)(D). Unusual conditions, trends, and needs have arisen since district boundaries and regulations were established. This is the case herein. Id. Record at 758 to 761 and 773 to 784 Rule 6-3(b)(5)(E). The land upon which the proposed use is sought is unsuited for the uses permitted within the district. This is the case herein. Id. Record at 758 to 761 and 773 to 784 Rule 6-3(b)(5)(F). The use will not substantially alter or change the essential character of the land and the present use. The Applicants have designed the campus to match the surrounding rural characteristics instead of an institutional character typical of a public school campus. This is the case herein. Id. Record at 758 to 761 and 773 to 784 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 Plans. 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. Id. Record at 758 to 761 and 773 to 784 "Base on the above, the proposal request is not contrary with the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. " Id. Record at 891 "The proposed use would not adversely affect the surrounding low density residential properties. . . " Id. Record at 759. 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. 1V. THE APPLICANT CBESS' EXCEPTIONS TO THE HEARING OFFICERS REPORT CBESS submits the following exceptions to the Hearing Officer's Report which selectively favors facts taken out of context or not fully addressed. CBESS will address each portion of the Report utilizing the section as set forth in the Report. CBESS is following the structure of the Report for convenience and not because it agrees with the facts, opinions, or arguments contained therein. Section I1. Proposed Development A. General Description 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. -6- 4154 Exceptions: Student population evolves. "However, ultimately, when were reviewed it, we looked at the fact that student body changes. When Connections originally started, and this Frn familiar with because my good friend lived in Glenwood and taught at Mountain View Elementary School where Connections started. When Connection started, l would say that virtually 100 percent of its students resided in Puna. As Connection moved to it location at the Kress Building and subsequently opened up additional facilities at Nani Mau, over the years the percentage of students who ware from let's say South Hilo and North Hilo has changed so that now you have a mix. And, ultimately, if Connections moves to Kaumana over time you're going to probably see a change in the mix too and you will see over time more and more of those students will reside,from South Hilo because that has been the trend if you look at the trend. " Testimony of past Planning Director B.J. Leithead-Todd Transcript of Proceedings, Vol. 1V pap-e 527-528. "There will be an opportunity for students living in the immediate area to attend this facility as the school and the curriculum evolves and matures to be an integral part of the community. " Td. Record at 776. "Q. Hose would you describe the growth trend in this area, more agricultural or more urban?A. Although the property and surrounding areas are designated for agricultural uses by both state and county land use law, that the issuance of a special permit, various nonagricultural services may be allowed, including schools" Testimony of Duane Kanuha, upon Examination of J. Gomes, Transcript of Proceedings, Vol. 1 pare 215 linel4-22 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. Exceptions: Adverse affect is defined as an unwanted and unanticipated result of taking a particular action. "Although there are anticipated adverse impacts that would be created by this new use, these impact can be mitigated to minimize their effects of surrounding property owners. Conditions of approval will be added to address traffic and noise that will mitigate and minimize these impacts." Td. Record at 778. The Applicant has provided ample opportunity for the community to engage in mitigative measures to address quality of life. "the record to reflect that this would be community meeting number five related to this application that the applicant has participated in or -7- 4155 hosted, in addition to all of the notification process related to this application, whether it was approval through the State Department of Land and Natural Resources, the Office of Environmental Quality Control,public notice process, and this body. We are probably at 12 different areas that the community had the opportunity to engage the applicant." Id. Record at 1890-91 and 2005-06. However, surrounding and neighboring property owners intentionally chose to avoid engaging with the Applicants to simply dicuss their options and provide mitigative measures. It was the Applicant's representative that proposed additional measures to assist with these concerns. The project will be phased. Id. Record at 33. The timeline for frill build out of the school campus is roughly projected to take from 16 to 25 years. Despite the testimony from surrounding and neighboring property owners, impacts regarding noise and traffic will natural occur over the development timeline from other development trends. The Hearing Officer also ignored expert testimony of Traffic Engineer Phillip Rowel and County of Hawaii Traffic Engineer Chief Ron Thiel that the project would have minimal impacts to traffic. "Q. I'm understanding that; but what you are saying is if this recommendation is followed, then you shouldn't have the traffic jam that you have at Hilo High. Is that what you are saying?A. Yes that is correct. " Testimony of Ron Thiel upon Examination of the Hearing Officer. Transcript of Proceedings Vol, 1, Pale 166-173. Impact to the quality of life will occur with or without any type of development as evidence by the Hearing Officer's recent health and personal matters_ 47. Measure 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 raise by surrounding property owners. Exceptions: The Applicant has provided amble opportunity for the community to engage in mitigative measures. "the record to reflect that this would he community meeting number five related to this application that the applicant has participated in or hosted, in addition to all of the notification process related to this application, whether it was approval through the State Department of'Land and Natural Resources, the Office of Environmental Quality Control,public notice process, and this body. We are probably at 12 different areas that the community had the opportunity to engage the applicant." Id. Record at 1890-91 and 2005-06. However, surrounding and neighboring property owners intentionally chose to avoid engaging with the Applicants to simply discuss their options and provide mitigative measures. It was the Applicant's representative that proposed additional measures to assist with these concerns -8- 4156 The Hearing Officers report overreached to assert that the mitigative measures are not sufficient. The measures proposed by Connections are in addition to those provided by the various agencies and the Planning Director. The conditions either refine the mitigative measures or provide additional safeguard to a mitigative measure. The authority to given to the respective agencies based on their expertise or technical knowledge of the issues. '7 think the record will show that for each of these impacts and the level of adversity that these impacts will bring, that they have then or either instituted on behalf of our once or governmental agencies or on behalf of the applicant various measures to mitigate those impacts and I think the efforts to do that is quite clear that there has been efforts to do that. I would point to the revised conditions in the Planning Department's recommendation as efforts that have more precisely tried to mitigate what they anticipate those adverse impacts would be. " Testimony of Planning Director Duane Kanuha, Transcripts of Proceedings Vol. I nage 213 line 11-22, also governmental agency comments, Id. Record at 570 to 640 and 732-761. "Pursuant to the code, it's officially my recommendation, but it's not made in a vacuum." Testimony of mast Planning Director B.J. Leithead-Todd, Transcripts of Proceedings Vol. IV,page 525 lines 13-14. 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 unreasonable burden the Department of Water Supply to provide water for its facilities. Exceptions: This is grossly erroneous. The Applicant provided overwhelming expert witness testimony, techincial expert testimony, and evidence that exceeds the burden of persuasion that the Development would not unreasonably burden the Department of Water Supply to provide water. "The Department has no objection to the proposed application. " Id. Record at 387-388; 734-735; 1678 to 1684. See Testimony of Kevin Louma Transcript of Proceedings, Vol, l a es 139-152. The Department of Water Supply also reviewed preliminary water calculations. See Testimony of Kurt Inaba, Transcri t of Proceedings,Vol. 1 page 182-185. The Department of Water Supply supports the Planning Department's Conditions of Approval related to water, whereby the Development and affirms that the Development would not unreasonable burden the Department of Water Supply, See Testimony of Kurt Inaba, Transcript of Proceedings, Vol. 1, page 187, line 8-16., A snapshot of expert statements and testimony related to water issue contained in the Record and Contested Case include the following: -9- 4157 "The Department has no objection to the proposed application. "Department of Water Supply, August 29, 2012. Id. Record at 387-388; 734-734. "Q. . . did you see any deviations or errors in terms of anticipated water use estimates? A. No. " Testimony of Kurt Inaba Transcript of Proceedings, Vol I page 183 line 10-13. "Q. So these kind of fixtures, in your opinion do work? A. Yeah. Industry standards. Correct. " Testimony of Kevin Lumon upon Examination of the Hearing Officer, Transcript of Proceedings, Vol. I line 14-16. Conditions related to water: Q. "would you look at Condition 3 and 4. Do you agree with those particular conditions:A. "Yep. Yep. Q. So for both 3 and 4,you agree with those?A. Yeah. Testimony of Kurt Inaba Transcript of Proceedings,Vol. I page 187 line 12-15. At no time was any evidence offered by any participant that would support the Hearing Officer's assertion. 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. Exceptions: The Applicant has provided overwhelming expert witness testimony, techincial expert testimony and evidence that other alternatives are available and industry standards that allows the Applicant to utilize the development of additional potable water through new technological tools. The Hearing Officer fails recognize that the conditions currently propose by the Director states. "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 prepare 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 within 180 days from the effective date of this permit. The calculations must include the estimated peak follow in gallons per day. Should the applicant utilize more that the maximum average daily usage of potable water(4,200 gpd) form the existing County 8-inch water line, the applicant will be required to secure or construction and additional source of potable water or limit the amount of students to the amount of potable water available. Emphasis added. -10- 4158 a "^ The Hearing Officer overreached to assert that the Planning Director did not have the authority to refine a condition. As such the Revised Conditions is based on the duty to address adverse impacts. I would point to the revised conditions in the Planning Department's recommendation as efforts that have more precisely tried to mitigate what they anticipate those adverse impacts would be. " Testimony of Planning Director Duane Kanuha,Vol I page 213 line 18-21. "Pursuant to the code, it's officially my recommendation, but it's not made in a vacuum." Testimony of past Planning Director B.J. Leithead-Todd,Transcripts Vol. IV, page 525 lines 13-14. At no time was any evidence offered by any participant that would support the Hearing Officer's assertion. The Applicant is in position to secure $8 million dollars to start implementing the project's initial phases once the permitting process is complete. Id. Record at 882. Nothing in Planning Commission Rule 6 requires an Applicant to provide financial information related to financial resources and the ability to develop a project. For the Hearing Officer to assert the state of Applicants financial soundness is pure conjecture. "Q. And at the special permit application phase of any project, is a developer or entity developing the land required to produce f nal or actual construction plans, including final water use figures? A. Usually not. Those usually come through conditions ref approval. " Testimony of Duane Kanuha, Transcript of Proceedings Vol. I page 191, line 15-20. Nothing is Planning Commission Rule 6 requires any Applicant to meet the full build out water commitment at the initial phased implementation stage. The Hearing Officer's Report sets a new and restrictive precedent for any future development in the County of Hawaii. If the Commission adopts this Report it is obligated to be consistent and apply to Mr. Fuke's clients, Ms. Song's clients and all other Applicants. Otherwise the Commission violates the Iaw, its precedent and undermines the People's faith in governance by law, objective standards and not by who knows whom. 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 Connection is proposing to construct a high school for 107 students it first phase, when the potable water available would only allow for 70 students. -ll- 4159 Exceptions: The Hearing Officer's supposition and inference that the Applicant would not adhere to the mitigative measures proposed or conditions of approval is disgraceful. It is a partisan attack on the integrity of Applicants, their representatives the governmental agencies tasked with enforcing the conditions, and has no support in the Record. The overwhelming expert testimony was that various design scenarios could be utilized to allow construction of high school phase, Id. Record at 1679-1684. The Record clearly reflected that one design option available to the Applicant would be to develop a High School without a cafeteria. The methodology assumes low-flow fixtures and potable water usage and its water usage is at 531 gpd. Based on the water calculations provided it can be reasonable expected that 4,200-gpd-allocation would be reached at Phase 7. Id. Record at 1679-1685. The Hearings Officer lacked the technical expertise and no evidence was offered to support her conclusion that potable water would only allow for the 70 students. 5 1. As such, the proposed use may unreasonably burden the County Department of Water Supply to provide water to the Development. Exceptions: The Hearing Officer's supposition and inference that the Applicant would not adhere to the mitigative measures proposed or conditions of approval lacks support in the Record. It is an attack the integrity of both Applicants and the governmental agencies tasked with adhering to the conditions. The Hearing Officer has clearly made this statement up, contrary expert and technical evidence provided in the Record; see Exceptions at item 48. No evidence was presented to support this statement. 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 the 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 it this location. Exceptions: To the contrary, evidence was presented related to educational trends. See Exception 14, Testimony of past Planning Director B.J. Leithead-Todd Transcript of Proceedings, Vol. IV page 527 line 1-25, page 528 line 1-11. The Hearing Officer failed to recognize a growing trend of education related to native forestry, forestry resource management and other agricultural models that provide sustainable practices. This Property is ideal for the education and practical application and hands on training for such and provides an "outdoor classroom" for students. -12- 4160 Despite the Hearings Officer claims related to designating of the area for low density urban use, the zoning would allow 1-acre lots (approximately 65 lots assuming roadways). 65 additional lots would create approximately 260 to 285 additional individuals and similarly 130 to 145 additional vehicles without any additional improvements required or operational times. The Applicants proposal of a High School is well below this projection. The implementation of this project also provides a larger goal set out by the County of Hawaii related to road connectivity. The Planning Director Condition 12 provides for this opportunity and meets the long-range plans for the area. "And the reason is that the long-rangplans had always envisioned that Edita Street would eventually connect to . . Puainako. . .prospectively in the future it had the potential of providing alternative access." Testimony of past Planning Director B.J. Leithead-Todd, Transcripts of Proceedings. Vol. N page 514 line -515. 55. Based upon the representations of Connections, it cannot be found that the Property is unsuited for agricultural uses. Exceptions: The Planning Director has made the determination of the "agricultural potential of the property and the propose use of a school is considered an unusual and reasonable use of'agricultural land, which will not adversely affect the preservation and agricultural use of the County's prime agricultural lands, and is not contrary to the objective sought to be accomplished by the State Land Use Law and Regulations. " Id. Record at 777. 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 (rLW) by the US Soil Survey. Id. Record at 777. Connections has not asserted that the property was unsuited for agricultural, it simply described its classification and rating. Connections recognizes and values the Property's potential to educate students about various agricultural, forestry and conservation practices and sustainability options. The marginal use of agricultural potential will be supplemented with the educational factor proposed with this project. Again, this Property is ideal for the education, practical application and hands on training for such and provides an "outdoor classroom" for students. 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. 57. The Development of a school will change the essential character of the forested land and its undeveloped use. -13- 4161 Exceptions: The Applicant's proposal uniquely adopts both characteristics of the surrounding areas. The school will blend and compliment the overall characteristics of all the adjacent uses. "The current character and present use of the subject 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 the surrounding area is mainly residential with some agricultural activity and vacant land. The Applicant has proposed to construct the buildings as single story structures, similar to the surrounding residential community." Id. Record at 782. To maintain the essential character of the forested land and its undeveloped use, "the Applicant proposes that there will be no major school facilities constructed on the upper parcel. " Id. Record at 774. 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. Exceptions: A School is defined as a public use. Haw. Code R. § 15-23-322 "The proposed rise would not adversely affect the surrounding low density residential properties. . . " Id. Record at 759. "Based on the above, the proposal request is not contrary with the General Plan Land Use Pattern Allocation Guide (LUPAG)Map. " Id. Record at 891. Q. And what is low-density urban? A. Low-density urban primarily represents anticipated.future low-density residential uses, essentially; so those are area that, over time, the department and the county as a whole—because the General Plan is a policy z(F) Public uses, including: public safety facilities; post offices; hospitals; miscellaneous health and medical facilities; educational institutions; cultural centers/ libraries; religious institutions; public school/park complexes; outdoor public land recreation; indoor public recreation; personal development centers; and utility substations, provided that utility substations other than individual transformers shall be surrounded by a wall, solid except for entrances and exits, or by a fence with a screening hedge six feet in height; provided also that transformer vaults for underground utilities and like uses shall require only a landscape screening hedge, solid except for access opening; and Haw. Code R, § 15-23-32 (Wei!) (emphasis added). -14- 4162 document--envisioned that that area will eventually become more residential than agricultural. Q. And the.zoning is agricultural, but its surrounded by agricultural properties, is that correct, and residential properties, single-family residential?A. f would say more residential. More residential, Q. Are schools allowed in single family residential districts?A. Yes Testimony of Duane Kanuha, upon Examination of the Hearing Officer, Transcript of Proceedings, Vol. I, page 217 Iine 10-25. 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 uses. Exceptions: The Applicant has presented evidence to contradict this assertion. See Exception at item 14. No evidence has been presented to support this statement. 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 Elements -Goal • Encourage the Provision of public facilities that effectively service the community and visitor needs and seeks 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 it residence in balance with the physical and social environments." ExMtions: There are other goals identified by the County General Plan that the Hearing Officer intentionally chose to ignore. "Additionally, the approval the subject request would support the following goals and policies of the Economic, Public and Land Use elements of the General Plan. 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. -15- 4163 • Provide residents with opportunities to improve their quality of life thought economic development that enhances the County's natural and social environments. Public Facilities Elements— Goal • Encourage the establishment of additional schools as the need arises. Land Use Element—Public Lands • Encourages uses of public lands that will satisfy specific public needs, such as housing, recreation, open space and education. Based on the above, the proposal request is not contrary with the General Plan Land Use Pattern Allocation Guide (LUPAG)Map. Additionally the General Plan encourages the use of public lands far education and a course of action for South Hilo. Id. Record at 891 61. The evidence has established significant concerns from the community regarding the compatibility of the Development with the surrounding community. Exceptions: Community has exaggerated its concerns. The expert and technical evidence contained within the Record and Contested Case overwhelmingly contradicts this assertion. See, Exceptions at 14 and 52. 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. Exceptions: The evidence contained within the Record and Contested Case overwhelmingly contradicts this assertion. See Exceptions at 14 and 52. 63. The construction of the 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 the facility. in addition Connections has not demonstrated that the Development meets most of the criteria to be considered by the Commission in the subject application. Exceptions: See all Exceptions discussed previously, V. CONCLUSIONS -16- 4164 Z) The Windward Planning Commission should reject the Hearing Officer's Report. The Report is legally and materially flawed. The Report relies on speculation and jumps to conclusions that had no support in the evidence. The Hearing Officer relied on unsworn public testimony over the swom testimony of residents and expert witnesses. A prime example was that several of the nearby residents presented public testimony against the project,but when they were sworn under oath, they stated that their objections that they had been making to the Planning Commission and the Hearing Officer was based on the completion of the entire project, not the phased parts of the project. This is just one of several examples of the Hearing Officer's inability to be objective and fair. The Hearing Officer did not take an oath or promise to be fair, objective and impartial. She simply responded to an annual procurement solicitation by the Planning Department for Hearing Officers. None of the qualifications included being fair, objective and impartial. She was simply hired to do a job. Unfortunately,the job she did was poor, flawed and obviously biased. She failed to consider that by law, Charter Schools are required to open their doors to any student, regardless of geographical area. Yet, she used that legal requirement against the Applicant. Unlike the Hearing Officer, each Planning Commissioner took an oath to enforce the Laws of the County of Hawaii in a fair, objective and impartial manner. That simply means that oftentimes as Planning Commissioners, you are required to follow the law, even though personally, you may disagree with the project. You may not use your personal feelings to override what the law requires. If you allow your feelings,bias, prejudice, anger or ignorance, to guide your decisions, that would not only violate your oath,but it would violate the law and the fundamental rule of governance, that is, consistency. Government only works, when the law is applied and enforced on a consistent basis. Meaning that people, including developers, contractors and members of the public, can read a law and regulation, and determine whether or not they comply with the law. Public departments and agencies look to the law, including regulations,to see if the applicable request complies with the legal standards. And if the request complies with all legal requirements, then government agencies are required to approve the request. Even if the people within that government agency don't personally like the entity or person requesting the action, because of their color, gender, disability,political affiliation or economic status. Government doesn't work when the rule of law is ignored and laws are enforced and requests are denied based on the personal connections between the parties, the difference in their economic status, political affiliations and contributions. Once that happens, then government becomes corrupt and it becomes reserved for the privileged and well connected. It is one thing to be a paid contractor, it is entirely another to take an oath to support and defend the laws of this County. -17- 4165 In this case, several Commissioners have been very clear about their personal feelings against locating the School in the Kaumana area. The overwhelming evidence produced at the contested case hearing,every governmental agency, including the Department of Water Supply, have testified, under oath, that the project is acceptable and should be approved. Even staunch opponents have agreed under oath that they only oppose the fully completed,built out project. When viewed, fairly and objectively, the Hearing Officer's Report falls apart. Her accusations and conclusions make no sense. Her suppositions and overreach become transparent and expose her true intentions. The Windward Planning Commission should not support or rely on such a poorly written and biased report. The Commissioners should instead, follow its oath,put aside it's personal feelings about Charter Schools and reject the Hearing Officer's Report and approve the Application with appropriate conditions. DATED: Honolulu, Hawaii, Ar—Al l l , 2014. I- C4ffhi 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 _ 2014. TED H.S. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) -18- 4166 In this case, several Commissioners have been very clear about their personal feelings against locating the School in the Kaumana area. The overwhelming evidence produced at the contested case hearing, every governmental agency, including the Department of Water Supply, have testified, under oath, that the project is acceptable and should be approved. Even staunch opponents have agreed under oath that they only oppose the fully completed, built out project. When viewed, fairly and objectively, the Hearing Officer's Report falls apart. Her accusations and conclusions make no sense. Her suppositions and overreach become transparent and expose her true intentions. The Windward Planning Commission should not support or rely on such a poorly written and biased report. The Commissioners should instead, follow its oath, put aside it's personal feelings about Charter Schools and reject the Hearing Officer's Report and approve the Application with appropriate conditions. DATED: Honolulu, Hawaii, , 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 2014. H.S. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) 4167 TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted(a?tedhongl 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 } CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) APPLICANT COMMUNITY BASED SERVICES ) EDUCATION SUPPORT SERIVCES (CBESS); CERTIFICATE OF SERVICE 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 April 2I, 2014, 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. (sandrasong(alhawaiiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 CARTER K. SIU, ESQ. Carter.K.Siu a)krawaii. 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. (asel ha co.hawaii.hi.us) Deputy Corporation Counsel Attorney for the County of Hawaii PIanning Director -19- 4168 333 Kilauea Avenue Hilo, Hawaii 96720 Jeff Gomes (kalanigornes(ir)hawaiiantel.net) Intervenor 281 Edita Street Hilo, Hawaii 96720 Daryn Arai (darai(&ca.hgLa6.hi.us) Jeff Darrow (j darrow(axo.hawaii.hi.LIS) Planning Commission Staff County of Hawaii Planning Department 101 P2uahi Street, Suite 3 1111o, Hawaii 96720 DATED: Milo, Hawaii A 2014. -TED H.S. HONG --__ Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) -20- 4169 Arai, Daryn From: Kualii, Jennifer Sent: Monday, April 21, 2014 4:16 PM ° To: sandrasong@hawaiiantel.net Cc: Self, Amy; Carter.K.Siu@hawaii.gov; ted@tedhonglaw.com; sue@tedhonglaw.com; kalanigomes@hawaiiantel.net; Arai, Daryn; Darrow, Jeff Subject: Connections New Century Public Charter School; SPP-12-000138 Attachments: Planning Director's Exceptions to Hearings Officer's Report dated april ....pdf Good Afternoon Ms.Song, Please find attached, DUANE KANUHA, COUNTY OF HAWAII PLANNING DIRECTOR'S EXCEPTIONS TO HEARINGS OFFICER'S REPORT DATED APRIL 7, 2014. Thank you, Jennifer Jennifer M. Kuolii, !egai Technician to ,Mirhoel J. Wo rlc, Amy G. Self ord Nora.yr�ne K. r'inoo ]eputies (,cr Pcrctivn Course: cr,6 Stort/ tp tYierOSt r1' ';ovkk.,ritnent t 0rr,,miSS an C1fr;c Goycrct;,,n. 0 I SCANNED s i 4170 LINCOLN S. T. ASHIDA 4478 4 Corporation Counsel AMY G. SELF 7628 Deputy Corporation Counsel Office of the Corporation Counsel 101 Aupuni Street, Suite 325 Hilo,Hawaii 96720 Tel. No. (808) 961-8251 Fax No. (808) 961-8622 Email: aself cgco.hawaii.hi.us Attorneys for Duane Kanuha, County of Hawaii Planning Director BEFORE THE COUNTY OF HAWAII WINDWARD PLANNING COMMISSION In the Matter of I SPP-12-000138 CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL AND COMMUNITY DUANE KANUHA, COUNTY OF HAWAII BASED EDUCATION SUPPORT SERVICES PLANNING DIRECTOR'S EXCEPTIONS TO HEARINGS OFFICER'S REPORT Application for Special Permit Application No. DATED APRIL 7, 2014; CERTIFICATE OF 12-000138 SERVICE TMK: (3)2-5-006:141; KaUmana, South Hilo, Hawai'i DUANE KANLHA, COUNTY OF HAWAI°I PLANNING DIRECTOR'S EXCEPTIONS_ TO HEARINGS OFFICER'S REPORT DATED APRIL 7,2014 DUANE KANUHA, COUNTY OF HAWAII PLANNING DIRECTOR("Planning Director"), by and through his undersigned counsel, hereby submits his Exceptions to the Hearing Officer's Report dated April 7,2014,as follows: The Planning Director takes exception to the following Yindings of Fact ("FOF") provided in the Hearing Officer's report, dated April 7, 2014: NNED i } � 4171 r 1. FOF No. 7: The Planning Director takes exception to the second sentence of FOF No, 7, which reads as follows: "The Director initially recommended approval of the Connections application, subject specific conditions, but tools no position on the application at the contested case hearing." While the Planning Director submitted a statement of taking no position in this matter in lieu of submitting findings of fact, conclusions of law and decision and order after the close of the hearing, the Planning Director has supported and continues to support the County of I-lawai'i Planning Department Revised Recommendation(Record at pp. 881 — 896) and the Connections New Century Public Charter School/CBESS Special Permit Application No. 12-000138 (SPP 12-00013 8) Revised Conditions (Record at pp, 1227— 1231). See Contested Case Hearing Transcript Volume 1 on October 21, 2013 ("Tr. Vol. 110/21/13") at pp. 190 -192 (Planning Director Duane Kanuha testifying that the Planning Department's position has not changed in terms of the revised recommendations). See also Contested Case Hearing Transcript Volume IV on January 8,2014 ("Tr. Vol. IV 118114") at pp. 510. 51 [(former Planning Director, BJ Leithead Todd, testifying that up to the point when she left as Planning Director,the Planning Department's favorable recommendation had not changed). II. FOF Nos. 52 and 59: The Planning Director takes exception to the Hearing Officer's FOF No. 52,which states in part that: [Tjhere 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 The Hearing Officer omitted evidence provided in the Piawiing Department's Revised Recommendation. See Record at pp. 883 - 884 (explaining the flexibility afforded public charter school regarding the location of where students live who attend the school); 890 - 891. There is 2 4172 no mention of the former Planning Director's explanation of how the Planning Department determined that the location of the school was justified. See Record at pp. 2039 and 2048 -2049. Finally, there is no mention of Planning Director Kanuha's testimony during the contested case hearing during which he confirmed that the school was consistent with the low density urban designation. See Tr. Vol. I 10/21/13 at pp, 190 - 191. In addition, Planning Director Kanuha testified that the Plashing Department does not have the right to tell a developer where to locate a particular project, which does not appear to have been taken into consideration by the Hearilig Officer. See id. at p. 191. The Planning Director also takes exception to the Hearing Officer's FOF No. 59, which states in part: 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, The PIanning Director takes exception to FOF No_ 59 for the same reasons stated above for FOF No. 52. III. FQF Nos. 20 —22. 48—51,and 63. The Planning Director takes exception to FOP Nos. 20—22,48—5l, and 63, which determined Connections has not produced any evidence to demonstrate that it has or can develop sufficient water for the Development. because these findings are not supported by the Record. There is an overwhelming amount of information regarding how the project will meet its water requirement, but this evidence was omitted, See Record at pp.445,455,460, 526, 528 — 529, 723 (regarding water availability and issues in Connections' application); 578, 597, 734— 735, 767 (regarding comments by the Department of Water Suppiy ("DWS")); 888 (Planning Depailment's Revised Recommendation); 1630 — 1632 (testimony of Fina McCall from DWS); 1227 (Revised Conditions (No. 3) to limit number of students based on available water); l 678 — 3 4173 V 1684 (preliminary water calculations submitted to DWS pursuant to request during November 9, 2011 Planning Commission meeting); 2010 —2016 (testimony of Celia Shen, applicant's planner,during the .January 10,2013 Planning Commission meeting regarding how Connections School will deal with the water issue). In addition,the Hearing Officer heard testimony from the following witnesses regarding this issue: Dennis Isawa Hirota: Tr, Vol, 1 10/21/13 at pp. 126 - 134 Kevin Louma: Tr. Vol. 1 10/21/13 at pp. 135 - 151 Kurt Inouye Inaba: Tr, Vol, 110/21/13 at pp. 180 - 187 Duane Kanuha: Tr. Vol. 110/21/13 at pp. 141 Celia Shen: Tr, Vol. I 10/21/13 at pp. 250 - 251 Although it appears that the foregoing information was omitted in the Hearing Officer's report, it is important information that should be reviewed by the Windward Planning Commission before making its decision on the Special Peimit Application submitted by the applicant. Dated: Hilo, Hawaii, April 21, 20I4. DUAN KANUHA,COUNTY OF HAWAII PLANNIN DIRECTOR By n I-'A AMY G. 1; Deputy C rporation Counsel His Attorney 4 4174 r BEFORE THE COUNTY OF HAWAI`l 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 April 21,2014, 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, Hawaii 96720 Email: sandrason c hawaiiantel.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: Carter.K.Siu r',hawaii-goy Attorney for CONNF,CTIONS NEW CENTURY PUBLIC CHARTER SCHOOL TED H.S. IIONG, ESQ, (X) P. 0. Box 4217 Hilo, Hawaii 96720 Email: ied_ate c1hon daw,com Attorney for COMMUNITY BASED EDUCATION SUPPORT SERVICES 4175 j Hand Delivery Mail Email JEFF GOMES N 281 Edita Street Hilo, Hawaii 96720 Email: kalani Jots nes�a7hawaiiantel,net Intervenor DARYN ARAI (X) JEFF DARROW County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Email: darai@,co,hawaii.hi,us idan•ownco.hawaii.hi.us Windward Planning Commission Dated: Hilo,Hawai'i, April 21, 2014, A ELFu Depu Corporation Counsel County of Hawai'i 2 41 'Ted H.S. Honr Attorney at Law + b: lmployment,Workplace Law&Litigation 1 � CJs Sue Lee Loy April 21, 2014 Planner and Legal Assistant _ 7 The Honorable Duane Kanuha, Director County of Hawaii Planning Department 's The Honorable Ronald Gonzales, Chairman and Members County of Hawaii Windward Planning Commission 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 RE: REQUEST FOR ORAL ARGUMENT BEFORE THE COMMISSION J Special Permit Application(SPP12-000138) Connections New Ccintury Public Charter School ("Connections") and Community Based Education Support Services ("CBESS") TMK(3)2-5-006:141 Dear Mr. Kanuha, Mr. Gozales and Members: On behalf of Connections New Century Public Charter School ("Connections") and Community Based Education Support Services ("CBESS"), hereinafter Applicant, allow this ~' letter to request Oral Argument before the Commission in for the above-entitled matter. Iwo�: ' , Pursuant to Rule 4-31 "Party's Request. If a party desires to argue orally before the ? { Commission, a written request with reasons therefore shall accompany the exceptions or the support brief or statement f led, and the Commission may grant such request. " The Applicant request to argue orally before the Commission based on the follow information ignored by the Hearing Officer's Report that are as follows: A, 1) Deliberately ignored the expert/technical witness, evidence, information and p testimony within the Record and/or presented during the Contested Case proceedings. 2) Failed to cite to any expert/technical evidence that supported the Hearing Officer's Nvw -4 assertion that mitigative measures or the conditions of approval proposed would not adequately address any effect to the surrounding properties. IF 3) Failed to cite any expert/technical evidence that supported the assertion that the mitigative measures or the conditions of approval proposed would not adequately address any effect to public agencies. SCANNED 4177 ' 4 P.O. Box 4217 1-1110, r1awai'1 96720 Phone: (808) 960-3156 small: tied etedhcinnlAw zz The Honorable Duane Kari,., Director County of Hawaii Planning Department b The Honorable Ronald Gonzales, Chairman and Members " RE: REQUEST FOR ORAL ARGUMENT BEFORE THE COMMISSION Special Permit Application SPP12-00013$ . ; N TMK(3)2-5-006:141 ' K4 April 21, 2014 Page 2 %.,r-iR,, 4) Overreached by asserting that mitigative measures would not be sufficient. 5) Overreached and circumvented the authority of the Planning Director by misinterpreting the County General Plan. 6) Overreached and circumvented the authority of the State Office of Planning by a. interpreting Hawaii Administrative Rules (HAR) §§15-15-95 and 96 and Hawaii Revised Statues (HRS) §205-6. a " 7) Intentionally failed to use prudent judgment over this matter as the Hearing's Officer awas preoccupied at addressing pressing personal health and family issues. '> We look forward to presenting information related to the above issues and should you have any other comments questions or concerns,please feel free to call Sue Lee Loy or myself at d, 933.1919. VV Regards, ¢_. ; 0' Hong, Esq. t, .y- 7 10Z` . 4178 Arai, Daryn ; From: jeff gomes [kalanigomes@hawaiiantel.net] Sent: Monday, April 28, 2014 6:28 AM y; To: sandrasong@hawaiiantel.net; Carter.K.Siu@hawaii.gov; aself@co.hawail.hims; DARAi@co.hawaii.hi.us;jdarrow@co.hawaii.hims; sue@tedhonglaw.com Cr--. ted@tedhonglaw.com Subject: ORAL ARGUMENTS REQUEST AND CERTIFICATE OF SERVICE Attachments; Gomes -Certificate of Service-3.docx; Gomes -Oral Arguments Request.docx Attached are my Request for Oral Arguments and Certificate of service. Aloha., Jeff Gomes Owner Hawaii Bookmark 16-175 Melekahiwa Street #1 Kea`au, H196749 (808) 987-6488 www.hawaiibookmarks.com SCANNED 4179 n y BEFORE THE WINDWARD PLANNING COMMISSION OF THE COUNTY OF HAWAI'I In the Matter of the Petition of } APPLICATION SPP NO. 12-000138 } CONNECTIONS NEW CENTURY PUBLIC } INTERVENOR, JEFFREY K. GOMES', CHARTER SCHOOL AND } REQUEST TO PROVIDE ORAL COMMUNITY BASED EDUCATION } ARGUMENTS; CERTIFICATE OF SUPPORT SERVICES } OF SERVICE } 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. } INTERVENOR, JEFFREY K. GOMES', REQUEST TO PROVIDE ORAL ARGUMENTS IN SUPPORT OF HEARINGS OFFICER'S REPORT DATED APRIL 7, 2014, RELATING TO SPP NO. 12-000138 Pursuant to Rule 4-31 of the Rules of Practice and Procedures of the County of Hawaii Planning Commission Rule 4-30, Jeffrey K. Gomes ("Intervenor") hereby requests to provide oral arguments before the Windward Planning Commission in support of the Hearings Officer's Report. The reason for this request is to provide the intervenor or its designee with an opportunity to verbally summarize the reasons for its position on this application with an opportunity to respond to questions by the Commission, the Applicant, or the Planning Director. The record on this application is quite extensive with three (3) Proposed Findings of Fact and Conclusions of Law, two (2) Exceptions to the Hearings Officer's Report, and one (1) Support Statement. Accordingly, having the opportunity to provide oral arguments should help distill the issues and position of the Intervenor. X913 vJ 2 4180 DA'rED: Hilo, Hawaii April 28, 2014 JEFFREY K. GOMES Intervenor, Pro Se 281 Edita Street 2 4181 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 ) CHARTER SCHOOL AND COMMUNITY } BASED EDUCATION SUPPORT ) SERVICES ) 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 CERTIFICATE OF SERVICE HEREBY CERTIFY that on April 28, 2014, 1 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. (sandrasong(&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 (CRESS) P.O. Box 4217 Hilo, HI 96720 CARTER K. SIU, ESQ (Carter.K.Siu(c-bhawaii.gov) Attorney for Applicant — Connections New Century Public Charter School Department of the Attorney General State of Hawai'i 233 South Beretania Street, Rom 304 Honolulu, HI 9813 4182 AMY SELF, ESQ. (aselfaco.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 (daraie-co.hawaii.hi.us) Jeffrey Darrow (idarrow(a-co.hawaii.hi.us) Planning Commission staff Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720 DATED: Hilo, Hawaii April 28, 2014 JEFFREY K. GOMES Intervenor, Pro Se 281 Edita Street Hilo, Hi 96720 z 4183 s Y Arai, Da n From: jell gomes [kalanigomes@hawaiiantel.net] Sent: Monday, April 28, 2014 6:38 AM To: sandrasong@hawaiiantei.net; aself@co.hawaii.hi.us; DARAI@co.hawaii.hi.us; jdarrow@co.hawaii,hi.us; Carter.K.Siu@hawaii.gov; sue@tedhonglaw.com Cc: ted@tedhonglaw.com Subject: SUPPORT STATEMENT FOR JEFF GOMES AND CERTIFICATE OF SERVICE Attachments: Gomes-Certificate of Service-3.docx; Gomes-Support Statement-1.docx Attached are my Support Statement and Certificate of Service. Aloha, Jeff Gomes Owner Hawaii Bookmark 16-175 Melekahiwa Street#1 Kea'au, HI 96749 (808) 987-6488 www.hawaiibookinarks.com SCANNED 4184 t ' T BEFORE THE WINDWARD PLANNING COMMISSION OF THE COUNTY OF HAWAII In the Matter of the Petition of ) APPLICATION SPP NO. 12-000138 CONNECTIONS NEW CENTURY PUBLIC ) INTERVENOR, JEFFREY K. GOMES', CHARTER SCHOOL AND } SUPPORT BRIEF OR STATEMENT COMMUNITY BASED EDUCATION ) OF HEARINGS OFFICER'S REPORT, SUPPORT SERVICES ) DATED APRIL 7, 2014; CERTIFICATE OF SERVICE 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. ) INTERVENOR. JEFFREY K. GOMES', SUPPORT BRIEF OF HEARINGS OFFICER'S REPORT, DATED APRIL 7, 2014, RELATING TO SPP NO. 12-000138 Pursuant to Rule 4-30 of the Rules of Practice and Procedures of the County of Hawai'i Planning Commission Rule 4-30, the Intervenor—Jeffrey K. Games ("Intervenor")- hereby submits its Support Brief, taking into account the Exceptions filed by Connections New Century Public Charter School and Community Based Education Support Services ("Applicant") and the County Planning Director ("Director"), DIRECTOR'S EXCEPTIONS Relative to the three sets of Exceptions, the Intervenor notes the following: I. Findings of Fact ("FOF") No. 7 In sum, the Director took Exception to the Hearings Officer's ("HO") FOF that he took no position on the application at the contested case hearing. The Intervenor concurs with this Exception, as it understood the Director's direct 1 eic71 e� Ui1 4185 testimony as being supportive of the former Director's position, while not providing any other written recommendation to the contrary. ll. FOF Nos. 52 and 59 The Intervenor does not totally concur with the Director's Exception to FOF 52. The HO found that the Applicant did not provide evidence "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." (Emphasis added) In response, the Exception noted that the HO omitted evidence provided by the Planning Department's Revised Recommendation, to wit, the "flexibility afforded public charter school regarding the location of where students live who attend the school." Notwithstanding the Department's statement in its Revised Recommendation, the intervenor concurs with the HO's conclusion that it is not the Department but "Connections (who) 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." (Emphasis added) While the Department made that statement, neither the Department nor the Applicant provided concrete evidence to that effect. Instead, the Applicant continued to maintain that at least 50% of the projected student population will come from the Puna District. (See 11/09/12 Public Hearing Transcript, page 17 and ROA, page 1563) The Exception also noted the failure of the HO in FOF 59 to take into account the Director's statement that the school was consistent with the low density designation. In this instance, the Intervenor assumes that the reference to "low density designation" was the designation on the General Plan Land Use Allocation Guide ("LUPAG") map. In that regard, the Intervenor notes that the General Plan is essentially a policy document with the LUPAG map component as one showing broad 2 4186 i brush land use directions. The Intervenor concurs with this designation. However, the Intervenor maintains that it is the policy component that the Development could not be justified and that the LUPAG map does not trump the General Plan policies. Both must be taken in tandem. Further, the Applicant has not demonstrated by a preponderance of evidence how its development would be consistent with the General Plan policies. (See ROA, pages 421, 891, 1997, 1998) At the same time, the Intervenor acknowledges that there is evidence that show residential uses as being consistent with the low density designation. However, while a school may be permitted in those areas (unlike in Industrial zones), it is not an outright permitted use in the County single family residential or agricultural zones. A Use Permit is still required from the Planning Commission ("Commission"). This is to assure that community impacts and infrastructural concerns or issues, somewhat similar to the Special Permit, are taken into account. (See Contested Case Transcripts, pages 568, 569, 575,576 and Exhibit A-26) The Intervenor concurs that the Director does not have right to tell a developer where to locate a particular project. III. FOF Nos, 20-22, 48-51, and 63 The Director took Exception to the HO's determination that the Applicant has not produced evidence to demonstrate that it has or can develop sufficient water for its Development. The Intervenor does not fully concur with this Exception. The Intervenor acknowledges that while there was testimony provided by the Applicant on this matter, the record indisputably reflects that— at the end of the day - there is still insufficient potable water that can be provided by the County Department of Water Supply ("DWS") to support the Development's first phase. The DWS system can provide only 4,200 gallons per day. According to the Applicant's application, this would be sufficient to support 70 students. The first phase was intended to accommodate a high school of 107 students and related facilities. (See ROA, page 32) In terms of the balance of the project, the Applicant did note that it would explore alternative means to reduce potable water consumption. However, while it discussed water reduction technology, it did not provide concrete 3 4187 evidence with the corresponding commitment to see how and when that would be accomplished and when the required potable water will be provided. Instead, the Applicant chose to defer the question of how the required potable water would be provided to an uncertain time in the future and to an unidentified entity, but not to the responsible land use decision-maker— the Commission. Hence, the intervenor concurs with the HO's conclusion on this matter. APPLICANT'S EXCEPTIONS The Applicant's Exceptions were outlined in five (5) major headings. This Support Brief will respond to each heading, some in a more general way. I. INTRODUCTION In one of its conclusions, the Applicant, in arguing for the dismissal of the HO's Report, describes the Report as being reliant upon "speculation and jumps to conclusions that had no support in the evidence." (See Applicant's Exceptions, page 17) At the same time, the Applicant asserts, among other matters, that the Report "D(d)eliberately ignored the expertltechnical witness...during the Contested Case proceedings"and `Intentionally failed to use prudent judgment over this matter as the Hearing's (sic) Officer was preoccupied at addressing personal health and family issues," (See Applicant's Exceptions, pages 2 and 3) The Intervenor takes exception to the characterization of the HO and its Report, as there is nothing on the record to that show that the HO "deliberately ignored" the record or "intentionally failed"to use prudent judgment in arriving at her Report. Such inflammatory assertions, to use the Applicant's words, are reliant upon "speculation and jumps to conclusions that had no support in the evidence." It should be noted that at the January 10, 2013 meeting of the Windward Planning Commission, there was a motion and a second to deny the application. The vote was delayed, pending receipt of the proposed FOF and Conclusions of Law ("COL") by the Commission's staff. (See ROA, pages 47-54) With the vote pending, at the Commission's March 7, 2013 meeting, the Applicant requested and was granted a contested case hearing. (See ROA, 2130-2156), a 4188 When the HO was appointed, the parties— including the Applicant-- had an opportunity to object to the appointment but did not. Likewise, during the pre-hearing conference and at the outset of and any time during the Contested Case hearing, the Applicant did not raise any objections to neither the competency nor the ability of the HO to be fair. It appears to the Intervenor that a lamentable pattern has emerged where the Applicant takes umbrage to and then employs corresponding tactics whenever a position or possible position that is different from the Applicant's expectation is taken. This pattern has come in the form of asking for a contested case not at the outset but after three public hearings and with a pending denial motion before the Commission, as well as -- upon receipt of the HO's negative recommendation Report - the unsubstantiated accusations and innuendos of the HO being biased and incompetent. II. AUTHORITY The Applicant suggests that that since the Director, according to the County Charter, is • tasked to enforce the Zoning Code (Chapter 25); • charged with the responsibility to prepare, among other planning activities, the General Plan; and given the "authority to conclude a project's alignment with the General Plan" the application should automatically ("rubber-stamped") be approved. The Intervenor does not concur with this analysis. The Applicant neglected to include other pertinent provisions of the County Charter, specifically Chapter 7, Section 6-7.2(b)(1). That provision calls for the Director "to advise the mayor, windward planning commission, leeward planning commission, and the council on all planning and land use matters." (Emphasis added) As such, because the Director, in this instance, is advising the Commission, it is ultimately the Commission and not the Director who has the authority to conclude whether a development is or is not consistent with not only the LUPAG map component of the General Plan but the basic policies themselves. If the Director had the final say on General Plan conformity, the Commission or County Council would be violating the Charter whenever their decision was contrary to the Director's. With such unbridled power or 5 4189 f authority, there would be no need for a Commission or Council to decide on land use matter. However, that is and should not be the case, as it would erode the concept of "checks and balances" sought by the Charter. Likewise, to suggest that because the Office of State Planning ("OSP") is tasked with the review of proposed projects within the State Land Use Agricultural district, its position should go unchecked. The Intervenor does not concur with this finding or suggestion. It is the respective Commission that has the responsibility to determine whether a use does or does not meet the tests for a Special Permit, not the OSP. And this is determined only after a public hearing process. The OSP did not conduct any public hearing on this matter, and thus its conclusion was made in a vacuum, void of any public participation. The Intervenor also takes exception to the Applicant's mischaracterization of the Special Permit process. On page 4 of its Exceptions, the Applicant states that 'Because the Property in this instant case involves more than fifteen acres of land, the Planning Commission should forward a favorable decision/recommendation to the State Land Use Commission...." (Emphasis added) The statement suggests that the Commission is obligated to forward a favorable recommendation because the site exceeds fifteen (15) acres of land. Further, there is no statement of the Commission's ability to deny the application, regardless of the area of the request. III. GROUNDS FOR SPECIAL PERMIT AND CONSISTENCY WITH GOVERNMENTAL PLANS POLICIES AND CONTROLS The Applicant recites the OSP's findings. The Intervenor maintains that its findings should be taken with the limitation noted above. Further, it is incumbent upon the Commission to make its own findings and not feel obligated or mandated to follow or "rubber stamp" the position of either the OSP andlor the Director. The Intervenor also does not concur with the Applicant's statement on page 5 of its Exceptions that the proposed development "complies with the criteria listed under Section 6-3(b)(5)(A) through (G), Rules of the Planning Commission," The reasons for this non-concurrence are outlined in detail on pages 14 to 27 of the Intervenor's Proposed FOF and COL. 6 4190 IV. APPLICANT'S EXCEP'T'IONS The Applicant took Exception to a number of FOF. These FOF and the Intervenor's responses, where appropriate, follow. A. FOF No. 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" To support its Exception, the Applicant recited the testimony of the former Planning Director, Ms. B.J. Leithead Todd. Ms. Todd testified that, in addition to being familiar with Connections, "if Connections moves to Kaumana over time you're going to probably see a change in the mix too and you wil see over time more and more of those students will reside from South Hilo because that has been the trend if you look at the trend."(Emphasis added) The Applicant also recited the following statement of the Department's recommendation: "There will bean opportunity for students living in the immediate vicinity to aftend this facility as the school and the curriculum evolves and matures to be an integral part of the community." As noted in the conclusion of the HO"s Report, the burden of proof falls upon the Applicant to demonstrate its case, not the Director. In this instance, neither the Applicant nor the Department provide any evidence or statistics to demonstrate that there was a population demand for a charter or a conventional public school in this area. For example, there was no survey presented, nor was there any corroborating statement from a credible agency like the State Department of Education to substantiate this demand in this area. Aside from the former Director's testimony, who expressed an opinion not supported by any concrete evidence, the only thing on record regarding demand and source of population was the Applicant's testimony that at least 50% of the projected student will come from the Puna District. (See 11109112 PH Transcript, page 97; ROA, page 9563) 4191 Notwithstanding the absence of any tangible evidence supportive of the former Director's opinion, she noted that the students "will reside in South Hilo."(Emphasis added) The HO's Report cited that the Development would not be serving the "needs of the immediate vicinity in the Kaumana area of Hilo." (Emphasis added). There is a significant difference of population and geographical mass between South Hilo (which is a District) and Kaumana (which is a small part of the South Hilo District), Further, given the absence of evidence to the contrary and the immediate community's opposition to the Development, the HO's finding is logical and reasonable. The Exception also included a reference to the testimony of the Director wherein he noted that through the issuance of a Special Permit, a school "may be allowed". While not relevant to this FOF, the Intervenor concurs with that statement. B. FOF No. 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 life of the adjoining residents." The Applicant's basis for this Exception and the Intervenor's non concurrence response follow. 1. The Applicant cited the Department's recommendation wherein it stated that the "anticipated adverse impacts—can be mitigated" through conditions of approval, If this logic were extended a bit further, the conclusion would be that NO development would or could ever be denied, as long as there are proposed mitigation conditions, even if at the end of the day, there will still be adverse impacts. The Intervenor, however, maintains that there are situations where there can be no acceptable mitigation to a project's impacts. And this is one of those instances. The non-mitigatable adverse impacts are discussed in detail on pages 17 to 20 of the Intervenor's Proposed FOF and COL. 2. The Applicant contended that it had provided ample opportunity for the community to engage in mitigative measures to address quality s 4192 of life and that the community "intentionally chose to avoid engaging with the Applicants to simply discuss their options and provide mitigative measures." As noted above, there are some developments for which there can be no acceptable mitigation. Further, it was not incumbent upon the community but the Applicant to reach out far and wide to engage the community, as this was a Development proposed by the Applicant and not the community. 3. The Applicant also maintained that the project would be phased and as such, "impacts regarding noise and traffic will natural (sic) occur over the development timeline from other development trends." The Intervenor maintains that regardless of the phased nature of the Development, the impacts in their totality should and must be considered. A segmented review of project is not an acceptable planning and land use standard, as expressed in the State EIS law. Even when projects are granted incremental approval by the State Land Use Commission, the request and its corresponding impacts in their totality are evaluated. To intimate that the impacts of only the first phase are relevant and thus the Commission should limit its review accordingly is not an appropriate land use review approach. Additionally, having a 9-phased project extending over 16 to 25 years would subject many within the community to a lifetime of adverse impacts, particularly relating to construction related activities. The Intervenor thus maintains that this is one of those Developments that there can be no acceptable level of mitigation. 4. The Applicant stated that the HO "ignored expert testimony of Traffic Engineer Phillip Rowel (sic) and County Traffic Engineer Chief Ron Thiel", The Intervenor does not concur with this statement. In the regard, the Intervenor restates pertinent sections of its FOF on this matter. "28. Mr. Phillip Rowell testified that a) while he was aware that the University of Hawaii at Nilo, Hawaii Community College, and 9 4193 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" "27. Mr. 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 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, 463"(Emphasis added) "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 irttersections proximate to Edita Street were rrot 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"(Emphasis added) "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"(Emphasis added) 10 4194 The Intervenor submits that the HO took those comments into account in concluding that the Development would indeed generate adverse impacts to the community. 5. Finally, the Applicant states that "Impact to the quality of life will occur with or without any type of development as evidence (sic) b the Hearing Officer's recent health and personal matters." The Intervenor does not concur with this reasoning. First of all, what is the relevance? Then, too, it suggests or implies that we live in a world where our destinies are fated and thus should assume an attitude of resignation and passivity. If so, such an attitude defies the very purpose and nature of planning! C. FOF No. 47: "Measures proposed by Connections, regarding the establishment of setbacks and roadway improvements to Edita Street do not appear to be sufficient to mitigate the overwhelming concerns raise (sic) by surrounding property owners." In this Exception, the Applicant restated the reason Used to refute FOF No. 46. Specifically, it noted that there was ample opportunity for the community to engage with the Applicant. The Applicant also argued that the HO "overreached to assert that the mitigative measures are not sufficient."To support this argument, the Applicant cited the Director's testimony that efforts were made between the Department and the Applicant to come forth with mitigative measures. The intervenor, as it did in its response to Applicant's Exception to FOF No. 46, continues to maintain that there are some developments like this where impacts cannot be sufficiently mitigated. It is faulty and illogical to assume or suggest that because there is a proposed mitigation program, approval of a development can be justified. There are instances where adverse impacts just cannot be sufficiently mitigated and where a proposed land use at a particular location, as in this case, is just not appropriate. To suggest otherwise would, for example, be misguided justification for uncontrolled developments along our entire shoreline and environmentally sensitive and areas just not appropriate for development. Z1 4195 D. FOF No. 48: "There is insufficient water available from the County system to service the Development. Therefore, to allow the Development would unreasonable (sic) burden the Department of Water Supply." The Exception noted that this finding was "grossly erroneous." The Intervenor does not concur. In its Proposed FOF and COL, the Intervenor offered the following FOF which do support the HO's finding: "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 landscaping 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 and intends to investigate other sources of water to support the project." ROA, 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. 12 4196 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 18% 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" It is thus abundantly clear that— in spite of the Applicant's representation that there are ways to address this insufficiency through fixtures and other means - there is still "insufficient water from the Count system to service the Development." That is the bottom line. Further, there was no discussion as to how it would address the need for water source development. E. FOF No. 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." The Applicant contends it had provided "overwhelming expert witness testimony, techinial(sic) expert testimony and evidence that other alternatives are available and industry standards that allows the Applicant to utilize the development of additional potable water through new technological tools." In so doing, the Applicant cites the Director's proposed condition of limiting the number of students to the amount of potable water available and his testimony that final construction plans are not usually required at the Special Permit processing level. The Applicant further notes that the Commission's Rule does not require the Applicant to provide its financial resources to develop a project nor require the Applicant to "meet the full build out water commitment at the initial phased implementation stage." The intervenor does not fully concur with the reasoning, It does agree with the Director that construction plans are usually not required 13 4197 at the Special Permit processing level. Further, it also agrees that "full build out water commitment' is not required at the initial phased implementation stages. However, the Intervenor maintains that the Applicant has an obligation to demonstrate how it intends to address and fulfill the full build out potable water requirements for the project. To say that it needs to address only the first phase is not sufficient. It would be equal to having a traffic report, an archaeological survey, or other technical studies that cover only the first phase. The totality of the Development's impact— be it archaeological, social, traffic, water, and other infrastructure - must be considered so as to enable the Commission to rationally determine whether the project should or should not be approved. In that regard, the Applicant has not adequately demonstrated how it intends to fulfill the full build out potable water requirements. Merely representing that it would use new water reduction technology is not enough. The "kicking the can down the road" approach does not provide the desired level of decision-making transparency sought by members of the public, let alone the Commission. F. FOF No. 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 high school for 107 students in the first phase, when the potable water available would only allow for 70 students." The Applicant took Exception to that FDF, as it assumed the Applicant would not adhere to the proposed mitigative measures and that there was testimony to show that there were different design scenarios to address the potable water requirement that would allow the development of a high school in the first phase. The Intervenor does not fully concur with this Exception. There is basis for the HO to make such a finding. The Applicant's application and Environmental Assessment clearly states that "Based on a 60 gpd per student standard, the 4,200-gallon allocation could support 70 students." Hence, this finding was not made absent information on the record, let alone information provided by the Applicant. (See ROA, page 32) 14 4198 While there was testimony that there are different design scenarios that could be utilized, there was no statement and commitment as to which scenario would be employed and if so, what would be covered in the first phase. Absent that information and commitment, the Commission would not be in a position to definitively state —and the community would also not know - what exactly will be built in the first phase. G. FOF No. 51: `As such, the proposed use may unreasonably burden the County Department of Water Suppiy to provide water to the Development." The Applicant justified this Exception in the same way it did to FOF No, 51. Likewise, the Intervenor maintains its position of non concurrence as reflected in its response to FOF No. 51. K FOF No. 52: "Unusual conditions and needs have arisen since the establishment of this land use district in the 1970s, because this 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 the 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 it (sic) this location." The Applicant took exception to this FOF by pointing out to the former Director's testimony regarding trend; property's suitability for hands on education relating to native forestry, forestry resource management and the like; the traffic impact of a 65-lot residential being lower than a high school; and the project helping address the County's goal of road connectivity. While it can agree that the site may be suitable for hands on education relating to native forestry, the Intervenor does not concur with the other reasons for this Exception. Relative to the Development serving the needs of the community—and not withstanding the former Director's statement regarding trend — please refer to the Intervenor's support of the HO's FOF No. 14. There was no evidence supporting the former Director's opinion of an educational demand in this area of Kaumana. 15 4199 A proposed 65-lot subdivision on the subject site is purely conjecture. There is a question of whether a lease — let alone sale —of this State land for residential use could be favorably considered. Further, the subdivision would still be saddled with the same potable water restriction, a restriction that would limit the number of lots to only 7 and not 65. The Applicant's contention that the 65 lots "would create approximately 260 to 285 individuals and similarly 130 to 1456 additional vehicles," resulting in less traffic impact than a high school is unsubstantiated. On the matter of connectivity, the Applicant contends that implementing the Director's proposed Condition 12 would help achieve a "larger goal of the County of Hawaii related to road connectivity." That is not the case. The condition reads in part that "Should adjoining lands be developed in a manner that would provide 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 property to facilitate access to the Puainako Street extension across adjoining lands—."(ROA, page 1229) (Emphasis added) For one, any possible connectivity would not be the result of the proposed Development but instead by the development of properties between the school and the Puainako Street Extension. The development of those adjoining properties would only enable the school to have another access and thus potentially reduce the traffic burden on Edita Street, which is the only access to the site. Then, too, the condition merely requires the Development to make improvements within its own property and not provide a new access to the Puainako Street Extension. Further, even if the Development fulfills this condition, there will still not be a new public road through the school site. The Development does not reflect a new public road through its property, Thus, the Development will NOT facilitate connectivity and to claim it does is erroneous. I. FOF No. 55: "Based upon the representations of Connections, it cannot be found that the Property is unsuited for agricultural use." In expressing its Exceptions to this FOF, the Applicant points to the Director's description of the site's soil characteristics as °D" or "Poor", 16 4200 the "unclassified" designation ALISH map, and the Development's educational agricultural component. The Intervenor concurs with the HO's FOR FOF No. 70 of the Intervenor's Proposed FOF and COL states: "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 unequivocally conclude that the site is "unsuited"for these permitted uses as well as having the potential of non-intensive agricultural uses." J. FOF No. 57: "The Development of a school will change the essential character of the forested land and its undeveloped use." The Applicant maintains that the Development "adopts the characteristics of the surrounding areas"and will "blend and compliment(sic) the overall characteristics of all the adjacent uses." This would be done through the construction of single-story structures similar to the surrounding residential community and not construct any "major school facilities" on the upper area, The Intervenor does not concur with this Exception. In its Proposed FOF and COL, the intervenor offered the following FOF 71, a finding supportive of the HO's finding: 17 4201 INN "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 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." K. FOF No. 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. The Applicant took Exception to this FOF by stating that a school is a public use, and citing the Director's testimony that the use is not contrary to the General Plan LUPAG map and that schools are allowed in the single-family residential district. The Intervenor does not fully concur with the reasons for this Exception. While there is concurrence relative to the L LIPAG map's Low Density designation of the site, the suggestion that a school is inherently a permitted use in the single-family residential zone is not accurate. To assume as such would mean that "convenience-type commercial uses" would also automatically be permitted. That is not the case, as the Zoning Code -- which is designed to implement the General Plan — identifies a process where those types of uses could be legitimized. For example, if a site were within the State Land Use Urban District and zoned single-family residential, before a commercial use could be established, the site must be rezoned into the commercial district, such 18 4202 as Neighborhood Commercial or Mixed Residential-Commercial. Similarly, for that same property, before a school could be established in either the Agriculture or Residential zone, a Use Permit from the Commission would be required. This process is outlined in Intervenor's FOF and COL Specifically, FOF 59 stated: "Chapter 25 of the Hawaii 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 zoning variance - for a school only if it meets the test for a Use Permit. Exhibit A-26; CC Transcript, pages 575, 576" FOF 60 continued: "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 surroundingpMperties; 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)" L. FOF No. 59: "The Development, which proposes a charter school that is not specifically intended to service the immediate community 19 4203 surrounding the school, is not consistent with the uses permitted in areas of low density urban uses." The Applicant maintained the same argument to its Exception to FOF No. 14. While the Intervenor's position on this matter is likewise found in that same section, there are additional considerations that support the HD's conclusion. As noted in the Intervenor's response to Exception to FOF No. 58, a school is not an outright permitted use in the residential or agriculture zone. Thus while a school is one of those uses that could be considered in the Low Density area of the General Plan LUPAG, it still must go through the Use Permit process. Likewise, a neighborhood convenience store must go through the rezoning process. Those processes require a public hearing to allow the community an opportunity to weigh in on the project and thus enable the Commission and/or County Council to independently vet a request and then determine whether the proposed development will "not be materially detrimental to the public welfare nor cause substantia! adverse impact to the community's character, to surrourrdin proyerties" M. FDF No. 60: The Economic, Public Facilities and Land Use elements of the County General Plan all require consideration of social and community concerns as follows...." The Applicant maintains that the HO "intentionally chose to ignore" other pertinent goals of the General Plan as described in the Department's recommendation. These include Economic Element-- Goal; Public Facilities Element— Goal; and Land Use Element-- Public Lands. The Intervenor does not concur with the assertion that the HO "intentionally" ignored those goals. The specific Finding was directed to the fact that the General Plan reauires or mandates consideration of social and community concerns. It is logical to conclude that the HO's exclusion of the • Public Facilities Element— Goals (Encourage the establishment of additional schools as the need arises) and 20 4204 • Land Use Element— Public Lands (Encourage uses of public lands that will satisfy specific public needs, such as housing, recreation, open space and education) was related to the absence of any concrete evidence (and not only the opinion of the former Director) to demonstrate a need for a school — be it public or charter— in this area of Kaumana. N. FOF No. 61: "The evidence has established significant concerns from the community regarding the compatibility of the Development with the surrounding community." The Applicant maintains that the "C(c)ommunity exaggerated its concerns" and the "expert and technical evidence within the Record and Contested Case overwhelmingly contradicts this assertion." The Intervenor does not concur with the reasons for this Exception. The community had raised a number of issues, ranging from traffic to quality of life. As noted in Intervernor's response to Applicant's Exception to FOF No. 46, while the Applicant had a report and testimony from its traffic consultant, the consultant did concede that an updated TZAR may be appropriate. Further, while there were other technical studies done — such as archaeological and botanical —there was no social impact analysis. For a project of this magnitude, a social impact analysis is very important to help assess a project's quality of life impact to a community and neighboring properties. The community's social impact concerns are reflected in Intervenor's Proposed FOF and COL. Specifically: "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; 1315-1432;1446-1544; 1892-1900; 1902- 1919; 1921-1931;1960-1999 21 4205 "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 t those within 500 feet of the project, 68% signed a petition opposing the project. Most of the others were vacant lots and could not be personally contacted. ROA, pages 1368-9493; 1964" "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 the existing residential areas, largely due to the operation of a new school campus on a presently undeveloped site, and the associated increase in vehicular traffic volume." ROA, pages 136-137 "46 The application, unlike in the areas of flora, fauna, archaeological, or even TZAR, did not include any commissioned and comprehensive social impact analysis for the project. Exhibit A-1 "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 levels and over 330% increase at the Kaumana Drive/Edita Street intersection. Further, quality of life impacts are not necessarily measured by LOS but are more perceptual and personal. ROA, pages 1984" 22 4206 O. FOF No. 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." The Applicant noted that this is not supported by the Record. The Intervernor does not concur with this Exception. As clearly noted above, there has been no concrete evidence of a need for the school in this particular area of Kaumana. P. FOF No. 63: "The construction of the 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 is a reasonable site for the facility. In addition Connections has not demonstrated that the Development meets most of the criteria to be considered by the Commission in the subject application." The Applicant took Exception to this Finding based on its Exceptions to the other Findings as noted above. The Intervenor's assumes the same position to the Applicant's Exceptions. V. CONCLUSIONS In support of its request to have the Commission reject the HQ's Report, the Applicant claims that the Report: • Is legally and materially flawed • Relies on speculation and jumps to conclusions without any corresponding evidence • Reflects the bias of the HO The Intervenor does not concur with these conclusions. The responses to the Applicant's Exceptions, as noted herein, clearly show that there were appropriate and sufficient evidence to justify the HO's Findings and Conclusions. Specifically, some of them dealt with 9) the necessity to 23 4207 evaluate the Development in its totality and not in segments and 2) the lack of concrete evidence to demonstrate a statistical need for a school in this area or community. There was no indication that the HO reflected a bias against the Development prior to and during the hearing process, If the Applicant suspected a bias at any time during the pre-hearing and/or hearing process, it could petition to have, but elected not to, the HO disqualified. The bias allegation came up only after the HO came out with her denial recommendation. INTERVENOR SUPPORT CONCLUSION While the FOF in the HD's Report did not contain any specific reference to the record, the Intervenor submits that the record does indeed corroborate the FOF, much of which have been documented in the Intervenor's Proposed FDF and COL. As such, if needed and appropriate, pertinent portions of the Intervenor's FOF and COL could be merged with the HO's Report. The Intervenor supports the HO's conclusion of a denial recommendation and so requests the Commission to deny SPP No. 12-000138. DATED: Hilo, Hawaii, April 28, 2014 JEFFREY K. GOMES Intervenor, Pro Se 281 Edita Street Hilo, Hawaii 96720 24 4208 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 ) CHARTER SCHOOL AND COMMUNITY } BASED EDUCATION SUPPORT ) SERVICES } } 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: Q) 2-5-006: 141 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on April 28, 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. (sand rason hawaiiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo, Hi 96720 TED H. S. HONG, ESQ. (ted@tedhonclaw.com) Attorney for Applicant— Community Based Education Support Services (CBESS) P.O. Box 4217 Hilo, HI 96720 CARTER K. SIU, ESQ (Carter.K,Siughawaii.gov) Attorney for Applicant — Connections New Century Public Charter School Department of the Attorney General State of Hawai i 233 South Beretania Street, Rom 304 Honolulu, HI 9813 1 4209 t AMY SELF, ESQ. (aselt&-o.hawaii.hims) Attorney for the County of Hawaii Planning Director Office of the Corporation Counsel County of Hawai'i 333 Kilauea Avenue Hilo, HI 96720 Daryn Aral (darai(Wco.hawaii.hi.us) Jeffrey Darrow (idarrow w co.hawaii.hi.us) Planning Commission staff Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720 DATED: Hilo, Hawai'i April 28, 2014 JEFFREY K. GOMES intervenor, Pro Se 281 Edita Street Hilo, HI 96720 2 4210 T BEFORE THE WINDWARD PLANNING COMMISSION OF THE COUNTY OF HAWAII In the Matter of the Petition of ) APPLICATION SPP NO. 12-000138 CONNECTIONS NEW CENTURY PUBLIC ) INTERVENOR, JEFFREY K. GOMES', CHARTER SCHOOL AND ) REQUEST TO PROVIDE ORAL COMMUNITY BASED EDUCATION ) ARGUMENTS; CERTIFICATE OF SUPPORT SERVICES ) OF SERVICE 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. ) INTERVENOR, JEFFREY K. GONIES', REQUEST TO PROVIDE ORAL ARGUMENTS IN SUPPORT OF HEARINGS OFFICER'S REPORT, DATED APRIL 7, 2014, RELATING TO SPP NO. 12-000138 Pursuant to Rule 4-31 of the Rules of Practice and Procedures of the County of Hawaii Planning Commission Rule 4-30, Jeffrey K. Gomes ("Intervenor") hereby requests to provide oral arguments before the Windward Planning Commission in support of the Hearings Officer's Report. The reason for this request is to provide the Intervenor or its designee with an opportunity to verbally summarize the reasons for its position on this application with an opportunity to respond to questions by the Commission, the Applicant, or the Planning Director. The record on this application is quite extensive with three (3) Proposed Findings of Fact and Conclusions of Law, two (2) Exceptions to the Hearings Officer's Report, and one (1) Support Statement. Accordingly, having the opportunity to provide oral arguments should help distill the issues and position of the Intervenor. 091356 1 4211 DATED: Hilo, Hawai'i April 28, 2014 JEFFRE K. OOMES Intervenor, Pro Se 281 Edita Street 2 4212 "a T BEFORE THE WINDWARD PLANNING COMMISSION OF THE COUNTY OF HAWAI'i " In the Matter of the Petition of ) APPLICATION SPP NO. 12-000138 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) SERVICES ) 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 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on April 28, 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. (sand rasong( ,)hawaiiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo, HI 96720 TED H. S. HONG, ESQ. (ted@tedhonglaw.com Attorney for Applicant — Community Based Education Support Services (CRESS) P.O. Box 4217 Hilo, HI 96720 CARTER K. SIU, ESQ (Carter.K.Siu(M-hawaii.gov) Attorney for Applicant— Connections New Century Public Charter School Department of the Attorney General State of H awa i'i 233 South Beretania Street, Rom 304 Honolulu, HI 9813 1 4213 AMY SELF, ESQ. (aself@a co.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 (daraiCa)-co.hawaii.hi.us) Jeffrey Darrow (jdarrow __co.hawaii.hi.us) Planning Commission staff Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hi 96720 DATED: Hilo, Hawaii April 28, 2014 JEFFREY K. jOiNES Intervenor, Pro Se 281 Edita Street Hilo, HI 96720 z 4214 0 M vu� n z PU 0 MUm M > MMI > UU 00 0 SCANNED 4215 oQ � 0 C) mc� =r CL t z 0 � (a Cl) ;v W • n n n �. m o CD CL O Cl) o � �• 0 3 m 3 r.L � n Cl)� cD rt O 0 Cl) -3 0 ' Q :r O 3 rt 7• m �& m 0 CD 0 O M W cD to O c C M °, O ?0 N 0 coy mV . 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CD CD xCD CL cn . v r cD3 —• O < 3 Q Q O o' cr C 42 0 0 r* M M 0 0 0 x =r =r =r cr " 0 —• OCD (D `� " 0 CD3 CL M W = , CD �p C7 _ x �. � � n 0 0 ? , cr W 4N' 0% 0 �. -0 � 0 � m o � �D � w xCL On *-I � C� � � � N �} CL CD C 0 2) Q0 ca 0 � CD � W CO) ME LM0 cDrt � � = 3 (D CA 'D � CDN• rt �* rt �0. rtN 0 0 • tD = 0 Cr (D , � 0 (D (D N n � \V (n' (D (D2) 00 =� 0 • � CL (D oM o � co 1VO � � � � �+ � TI � CA) = M ME 0 rt -' CD 0 � -12) 0. � � (D COL rth 9 P- r jj) * *• = _ = ME C V� 0 � _ = m CD 0 42 To: Windward Planning Committee: My name is Norine Okuhara and have lived on 12098 Kaumana Drive for over 40 years. My home is right below where Connections want to build their school. We,the community has voiced many concerns, i.e., water, traffic, etc. They,John Thatcher,Ted Hong, and "their" people always said that they have addressed our concerns. They have NOT followed, explained or implemented what they say they were going to do. They have only "talked" about it, but we have yet so see any concrete plans of implementation. I, therefore, do NOT trust them because unless things do NOT go their way, "Oh, the community is against the students, etc. I have attended many meetings whereby the students themselves told the committee members that the community was against them. We have always told the students in our testimony that we were NOT against the students per say, but against the way they, the adults had conducted their so-called open forum meetings, inviting the community members. (as a retired teacher, this has really upset me) I had also attended the meeting conducted by Judge Sandra Song. I feel that her judgment was accurate and just. According to John Thatcher, quoted in the Hawaii Tribune Herald, he claims that Judge Song's conclusion was inaccurate. It was NOT inaccurate!!! She brought out all of the points that were pointed out during her hearings. I am NOT being biased because she favored the community. She could see that the community members were speaking sincerely and from their hearts. Although I could not be there for this meeting, thank you for allowing me to present my testimony, ke by c,d .,. .Rodfi . S _,A .i e 4224 Throughout this sorted action. there are two topics that have clearly come to define the foundation of this spacial use permit sought by Connections School's and there associates .. OBJECTION and SPECULATION The applicant has speculated tha° this spe,:ial us€: permit is , the correct platform for the sire and scope of change its plans will impact upon the leased agricultural lot . The applicant also specUlate$ it: limited coctnty water allotrnerit sllould not restrict its Phase one guild-OUt of Darns , stables , dormitnry's and a caretakers residence foillowed by phase w)o (money's ;rovIldir�g) classrooms The applic a-r►t blindly speculates safety for children. - �vork:,s and visitors 1"d01.1111d be sufticientiv addressed- on a can-spus bound by hog wire tightly surrounded t?-' natural fewest , narre-My ?esr::ct:r;g the only entry/exit hali a rczile away . Lip hili .. Objccttc,ns by the apPe�::ant can he summed ir: a sin-Ve plMase "hovj long has This pt-o ass been going on" As a c om-Enaunity member c)f Kaurnana I have speculated on *i'ip1h, (llis palft;CLkir lot the :1-rot Stittab:e Pit), rj{ L�11 [i: tars S!3ta Sands th,c: had ar rCc s to and Chose tc, revirly i oblect to Ille that a c ourt;y VjLy 4225 M would be drawn. into state CO Ll(T over'the exercise of county due process ... As the Windward Plannin r Board , object to speculation . Provide sound guidance and set proper precedence for the Islands .. MAHALD 4226 r h� Written Testimony Submitted by Donald Ikeda Former Council Member, District 2 and Resident on Kaumana Drive d ; t7 SCA.7NN� d ..._tea wt ME Y 4227 r Testimony Regarding onn tions Charter School 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. No chest-thumping, no bullying or browbeating. Connections Charter School and its representatives have failed this miserably. If this was a test, the school officials and representatives would have D's and F's. Commissioners might also want to review their files and refer to all minutes of DLNR meetings regarding the transgressions of the school administrators and the results of the DLNR investigations that were necessary clue to these transgressions. 4) 1 would ask that this commission listen very closely to the concerns of the surrounding community and to listen to their statements regarding the ongoing 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, all versions completed to date, veer 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, such as water usage, traffic mitigation, temporary housing, staffing, parcel size actually necessary for "planned" activities, etc.. 5) 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 F at,mtg bar Id Rwd 4228 fes; ePr promises and assertations set forth by the school and its representatives, no progress be allowed until the promises and assertations are fulfilled. 7) I 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. The school is only allowed enough water credits for a minimal amount of users. The petition alleges that they will use enough "super-catchment systems" to provide ample potable water for all students, staff, employees and visitors, once such a system is developed. However, there were no guarantees that catchment water will be used and if used, that there will be a sufficient supply for the 50 employees, 17 part-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. Also, John Thatcher has repeatedly assured community members that the traffic will only consist of school buses and staff vehicles, with very few vehicles being driven by students and/or their families, however once pressed for actual facts, he admitted that bussing will be limited to less than one-third of the students The rest, plus the staff, faculty, employees, vendors and other visitors will be driving their vehicles to the site, utilizing Kaumana Drive and the Edita entrance. Furthermore, John Thatcher RKqinised 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, 4229 since the school has not abandoned its plan to use Edita, nor has any evidence of other means of mitigation been produced. Q The dormitory was first explained to the community to be used only occasionally, so the 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. It is easy to understand that the school intends to use the dormitory on a regular if not full-time basis. 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 venin, 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 admits that only 30 percent of its students will be bussed in. That means that the remaining 200- plus students will be arriving at the school in cars, vans, trucks, and other vehicles. In addition to the 200-plus students that will arrive in various vehicles, there will be the 50-plus employees and other staff and guests, plus vendors and other traffic. 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 have refused to t address the impact the school will have on the growing residential population if the school's planned expansion is allowed to occur. By and large, the community is opposed to the project, and with good reason. I won't take up too much more of your time, as I am aware that there are many more people here to provide testimony on this matter. 4230 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. Donald Ikeda Former Council Member, District 2 and Resident on Kaumana Drive 4231 ut i To; Windward Planning Commission From: Elizabeth Truesdell; Resident of Pacific Plantations Subdivision Re: Special Permit Application (SPP 12-000136) to Develop a K to 12 Charter School Campus with Dorm Facilities,and Related Uses Date: May 1, 2014 As a secondary school classroom teacher for 31 years, I have accrued much experience with schools and students and families. All of those years have been spent working in independent schools that have both day and boarding programs,though I myself am the product of a completely public education from kindergarten through graduate school. Student safety is a huge concern to everyone involved in an educational institution. I remember walking to our neighborhood elementary, middle and high schools; however, that was in the 1960's and 1970's. Now, many local students ride the school bus—even to local public schools. Situating a campus at the singular entrance and exit to an entire subdivision creates numerous potential safety and traffic hazards for students and staff of the school,as well as residents of the subdivision,even more so due to the fact that the majority of students will be transported to the campus via car or bus. Additionally,the windy and narrow Kaumana Drive is already a challenging commute what with the projected mauka residential development and additional use of Saddle Road due to its newly completed improvements—this before the elder care facility being constructed on lower Kaumana Drive comes online adding more use and stress to Kaumana Drive. The additional load of cars and/or school buses servicing the proposed Connections Public Charter School campus off Edita Street is a significant concern to drivers in the area. As a teacher I know that students with long commutes to school face increased academic challenge due to the extended length of their day: bus or car ride to school,full day of classes and activities,bus or car ride home,then homework. At least half of current Connections New Century Public Charter School students reside in Puna,not Kaumana. Though the proposed school site is just up the hill from the current site,why not look for a location closer to where more of the students reside,thereby making their school life easier rather than maintaining or extending the already long day for them? Much has been made of the shortage of available water for the school's projected needs,and much should be made of this problem. Without a doubt, Hilo is a rainy locale, but it is shortsighted to operate under a "Field of Dreams"point of view,believing that—to paraphrase—"If you build it, [the water] will come." I think we all can agree that Connections Public Charter School needs a new home. Assessing the needs of the full build out for a new Connections campus and the community the school serves,then finding a situation to meet those needs is critical to the long-term success of the project. I firmly believe that the Kaumana site is not a suitable location to meet the physical and resource needs of the proposed Connections campus, not from a "not in my backyard"point of view, but from the perspective of a professional educator looking to find a pono fit for both the school and the existing neighborhood. Mahalo for allowing me to share my thoughts on the Connections Special Permit Application. E"dSC at as by f f ? > , Read 9 `':�-------- 4232 April 30, 2014 Dear Members of the Windward Planning Commission, As members of the Windward Planning Commission, you will ultimately determine the recommendation or denial of a special use permit request for the development of Connections Public Charter School on State DLNR property on Edlta Street. The school has already been granted the lease for the property. However, they are currently awaiting the green light to proceed with development. After hearing arguments to both sides, the hearing officer assigned this case has recommended the denial of a special use permit for this specific request. In opposition of this development is a Kaomana community unaware of the proposed project to build a school to accommodate more than 400 students and faculty and staff, until long after the release of the environmental assessment. A full environmental impact study was never completed. A traffic study (car count) was completed in 2010 but traffic conditions have changed drastically since the completion of the Daniel K. Inouye Highway aka Saddle Road. As Kaomana residents, we recently have been inconvenienced and placed in imminent danger with the development of a nursing home care facility off of Kaomana Drive. Sadly, it is now too late. This is a prelude to the imminent danger for Edita Street if the development is granted a special use permit. Fortunately, Mr. Gomes was paying attention to the proposed Connections development and we as a community were able to intervene and participate in the political process before the actual development was granted a special use permit and development commenced. Mahalo i ke Akual As responsible land stewards, we need to remain mindful of our natural resources. We also need to be vigilant with the health and safety of our community. At the same time it is our obligation to support education and the many options to leaming such an institution can provide its learners. It is all a delicate balance. Again, we are not against the development of a charter school, we are against any development in the proposed area as it evidences health and safety concerns at its current proposed site. I urge you to deny a special use permit as I am convinced a more suitable site can be found for the development of this charter school. Thank you for thinking long and hard about the decision that rests on your shoulders. This is a huge kuleana, one that can permanently change the landscape of a neighborhood. There are just too many cautions that outweigh the benefit of granting a special use permit at this specific site. Sincerely, Pauline Ke`ala Lee Loy 1579 Mele Manu St. Hilo, Hi. 96720 i Sr—ANN F d+►� � ' � � E 4233 Members of the Windward Planning Commission, my name is Dr. Henry Lee Loy. I am a resident of 1579 Mele Manu Street in Hilo. I am not against the education of students from the Connections Public Charter School. I think all of us here today agree we want to promote the best interest of students whether they attend charter, public, private or home schools. Never should the lives or safety of any student be jeopardized. I oppose the proposed location of the school because it will have only one way in and one way out presenting a clear and dangerous situation for students, faculty and the neighborhood residents. Traffic on Kaumana Drive is increasing the threat of more accidents. A few months ago I called the County Department of Traffic and commended them for the astute use of the "Shark Teeth Striping" along Kaumana Drive painted on the road to warn drivers to slow down because of dangerous road conditions. 1 further recommended additional "Shark Teeth Striping" be used around the dangerous curve fronting the Kaumana caves located about 100 yards from the proposed project. They must have agreed with my concern about the dangerous conditions because the County Traffic Department recently added additional "Shark Teeth Striping" as I show here in this recent photo taken. During the Contested Case Hearing the public was allowed to give testimony at the start of each day. Not once during these opportunities did I hear any public testimony in support or in favor of the application for special permit application number 12- 000138. Any development of this magnitude is inappropriate for the proposed location. You have been given the authority to deny or approve this application for a special use permit. In the best interest for the safety and well-being of students and the community it is my hope that such a request is denied. Thank you very much for your time. a � Q C Henry Lee Loy 1579 Mele Manu Street Hilo, Hawaii 96720 ,_ ._. 'd d(7A �r�a _ 4234 f tr _ ♦r May 1, 2014 FROM: Wayne Kanemoto SUBJECT: Special Permit for Connections New Century Public Charter School and Community Based Education Support Services I oppose the building of the Connections Charter School in Kaumana. The applicant has not convinced the Kaumana community, the hearing officer, and some members of this commission that they should be awarded a special permit. From my perspective as an educator and administrator, there are tasks and information that Connections representatives have not done: 1. The Educational Specifications and Standards for Facilities provides basic guidelines for public schools states.- A. tates:A. Section 103- Description of Educational Specifications. "to meet the needs of the community, ....This participatory process provides the means of involving educators and the community...and instilling a sense of pride and ownership in their school." Connections has not met the needs of our community nor instilled a sense of pride and ownership. This is evidenced by the actions taken by the community in response to the school's requests to have the commission allow the special permit. B. Section 201.2 Enrollment Guidelines for Planning New Schools and Section 201.3 Site Selection Criteria. "Elementary with a minimum of 500 enrollment on 12 acres; Middleflnterm ediate enrollment of 600 on 18 acres; high school with a minimum of 1,000 enrollment on 50 acres." Connections has not provided a reason for the need of 70 acres for their campus, nor have they provided adequate data pointing to the probability that their school will grow beyond the minimum indicated. 2, As a former principal of a K-12 public school and the Hilo Community School for Adults, I have experienced challenges that Connections will inevitably face. A. Unless there is sound financial commitment, the probability of survival and prosperity of Connections is slim to none. In this case, the school's problematic situation, difficulty enough with concerns for continuous improvement of curriculum and instruction, is further exacerbated by their focus on construction and school operations I SCANNED 'dace', �sby , :gyp; 1 'd�..�. ` -_- — o 4236 costs. Priority for spending for any educational institution should logically be for the achievement of quality instruction, rather than the acquisition of land and facilities. B. Management and operation in a phased campus construction create additional stresses on staff resources. These include opportunities for curriculum articulation and alignment; staff education and training; supervision of faculty and staff; efficient and effective student transition through grade levels; other "best practices" that should be part of normal on-going systems. C. Water is a health and safety issue that has not been addressed. The gallons available for school use currently restrict the student population to 70 students. Details concerning how the school will ensure adequate water supply, which critically affects the school's health and safety status, are yet to be forthcoming. As a community member I was shocked and disturbed by the statement `Intentionally failed to use prudent judgment over this matter as the Hearing's (sic) Officer was preoccupied at addressing personal health and family issues." used by Connections and the Community Based Education and Support Services to describe the hearings officer . I do not see the relevance to this case nor influence on the recommendations made. The commission should accept the hearings officer recommendations and not approve the special permit. These are examples of how Connections and the state have not made a convincing case that the special permit should be granted by the commission. With the evident shortcomings of the Connections' presentations, the community has not been able to extend their trust for development of the school in the proposed location. 4237 Aloha Windward Planning Commission, May of 2012, Under Ted Hong's direction, John Thatcher hired Ted's personal friends to illegally bulldoze the perimeter of the makai property , illegally put up fencing and allowed them to illegally remove ohia trees from state property. Most of these long time friends of Ted Hong had felony criminal records. Ted Hong pretended to file a complaint with the DCCA against the fencing company but as proven in the contested case hearing that form was never filed against his buddy's company. The report from the DLNR Enforcement agent clearly stated that John Thatcher knew of the illegal clearing, fencing and tree removal but that has been swept under the rug. Please read this report. On October 9, 2012 Eric Boyd of Connections Public Charter School walked through our neighborhood alongside a white pick up truck taking pictures of our homes to warn us that they know where we live. He then made a video and posted those pictures on You Tube. This started a continuous series of vandalism and theft throughout our community. Many signs have been stolen from my yard and neighbors, my newspapers were stolen, trash thrown in my yard, beer bottles broken in my yard. On October 10, 2012 Ted Hong verbally and physically assaulted me outside my home on Edita Street in front of my neighbors and Jeff Darrow of the Planning Department. Since then, my family has lived in fear of when Ted Hong, John Thatcher or Eric Boyd will send their goons all the way up to our home. We have had to install a gate for security along with security cameras but these are just deterrents and won't stop these people from eventually attacking our family. John Thatcher lied about the need for fencing. This is his testimony at the contested case hearing concerning community meetings, "In response to some of the concerns of the neighbors, they asked that"Why couldn't a fence be put up around the perimeter of the property?" So we said, "Okay. We have funds that we could put up a fence." So we hired someone to put up a fence. " Page 64 of transcripts. He expects you to believe that he would waste $100,000.00 dollars on neighbors he hates. Everyone of his neighbors that border the school oppose the location of the school. He and Ted Hong had the fencing crew bulldoze everyone's personal property that was stored on state land. Ted and John then called it illegal dumping. Anything bulldozed looks like garbage. No one was given an opportunity to remove anything from the state land. The most disgraceful and disgusting lie developed by Ted Hong and John Thatcher is this one, John Thatcher testified under oath at the contested case hearing concerning community meetings, "The most -- I guess the hardest concerns for us to understand were the concerns that our students, because they were poor, would be breaking into people's houses. And that was hard for a lot of our community to take, that, you know, just because our students are poor does SCANNED c JAI not mean that they are thieves. " Pg 69 of transcripts. They forgot to doctor the minutes. I attended two of the community meetings and I did not hear anyone say anything negative about the school, staff or children. Nowhere in the minutes does anyone say anything like this or ask for a fence to be built. What kind of human lies to children and parents to garner support and foster unwarranted hate towards our community? This kind of hurt will last a lifetime for some of these children. �« .f .Fr% ., - •,J.��I" �/4 ...,i ,.. �+1 v. 'J�r ,- .i- 1,.. ._ .Il i r .•Jt,\..a r';.. 47 Eric Boyd Ethics Violations. DECISION AND ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, the Commission hereby determines as follows: 1. Respondent committed nine (9) violations of HRS § 84-14(a) (Counts 1 through 9) and eleven (11) violations of HRS § 84-14(d) (Counts 10 through 20). 2. An administrative fine of FIVE HUNDRED DOLLARS ($500.00) for each of the violations committed by Respondent is appropriate and shall be imposed. HRS § 84-39. THEREFORE, IT IS HEREBY ORDERED that an administrative fine in the total amount of TEN THOUSAND DOLLARS ($10,000.00) is hereby imposed against Respondent William Eric Boyd; Our very first community meeting with Connections personnel was held at Kaumana Elementary School. At this first contact with Connections, Eric Boyd signs in with an Ewa Beach address. Why? I don't know. Is that ethical? No. Throughout this hearing process we've read letters from children who attend Connections complaining that the people of Kaumana are saying, "Because the children from Puna are poor, when they come up here they are going to rob our homes." I attended two of the three secret community meetings put on by Connections after the Environmental Assessment had been snuck by the community denying us any input. At those meetings I never heard anyone say anything negative about their school, it's staff or the students. I urge you to read the minutes. In the minutes taken by a Connections rep, you will see that no one says anything of the sort throughout the meetings. John Thatcher advised by Ted Hong concocted this blatant awful lie that will affect those children, their parents and we the residents of Kaumana for the rest or our lives- This form of hurting children with lies to get them to make you feel their pain is just as bad as a terrorist strapping a bomb on the back of a child and sending them into a crowd to blow them up. What kind of people do this to children to try and gamer your support? John Thatcher lied when he said that they are going to hand clear to lessen the environmental impact (Hawaii Tribune Herald) "From an overall design concept, 4239 the proposed campus is intended to be a school within a forest," according to the EA. Hand-clearing of trees and other vegetation will be done to lessen the environmental impact, Thatcher said. http:/twww.hawalitribune- heraid.com/articles/2010/11/09/local_news/locaIO2.prt[11/12/2010 10:20:07 AM]Print Version > Charter school project advances "We're not going to just come in and bulldoze everything," he said. So far all they did was illegally bulldoze. The Connections Administration denied our community their right to voice concerns during the EA period by not notifying anyone affected by the project as required in HAR Title 11 Chapter 200, For applicant actions, except those actions exempt from the preparation of an environmental assessment pursuant to section 343-5, HRS, or those actions which the approving agency declares exempt pursuant to section 11-200-8, the approving agency shall: Require the applicant, at the earliest practicable time, to seek the advice and input of the lead county agency responsible for implementing the county's general plan for each county in which the proposed action is to occur, and consult with other agencies having jurisdiction or expertise as well as those citizen groups and individuals which the approving agency reasonably believes to be affected;. When questioning Celia Shen during the contested case hearing as to why she did not allow the community access to the EA, her response was, "We are not required to by law." She is absolutely right. There is no EA police. For years now Ted Hong has tried to make you believe that someone from Kaumana plastered bumper stickers on the window outside the school right in front of a 16 feet high sign that states security cameras are in use. Somehow these cameras, (bought through Eric Boyd's AMWAY business) did not record the perpetrator. How do we possibly embrace these people and make them part of our community? Please deny this project. Very Respectfully, Jeff Games Edits Street Kaumana 4240 T Dear Windward Planning Commission, My name is Joy Mcleod and I am a resident of Kaumana. I have'read the r Planning Directors Exceptions to Hearings Officer's Report and I would like to correct his statement of claiming there is overwhelming evidence of how the water issue will be met. Building a school for 70 students to try and meet the water requirements only creates three campuses to maintain. 70 students still require teachers. How many teachers will be there? Wil the teachers come with the children from Nani Mau Garden campus or is the school hiring more teachers? At what cost? Even the best catchment system with reverse osmosis treatment cannot make it rain everyday. There is no evidence of how the school will make it rain everyday or how much it will cost to haul water everyday it does not rain. This is speculation not evidence. The idea of drilling well has no evidence that water exists beneath the property. No survey was done to prove there is evidence of water beneath the property. There is also no evidence of how much drilling a well will cost and how much it will cost to maintain it. This again is speculation. Please deny the application for special permit. Thank you very much, Joy Mcleod Hokulani Street, Kaumana 'd '�htg by SN� 'd`— � 42' 7-17 Good Morning Windward Planning Commission, My name is Kahio Papalimu and I am a lifetime resident of Kaumana.' lam' concerned that the bulldozing on the Connections property will alter the terrain and cause cave ins which will disrupt the water flow beneath that property and possibly ruin mine. Everyone who lives along the stream as I do have seen the water coming out of the caves in the walls of the stream. During the Contested Case Hearing, I had the opportunity to attend the site visit. While there I did observe the area near Edita Street that is already caved in. Why is nothing being done about that? One of the concerns the school has been emphasizing is the need to combine the two campuses and matte one. If they are allowed to use this property for phase one with only 70 high school students then they will have to maintain three campuses. Mill they be commuting from Kaumana to Nani Mau throughout the day? What evidence has been shown to prove they can maintain three campuses? Two of which will be high school? Please deny this request for special permit and let's help them find a suitable site for their school before any of those innocent children get hurt. Mahalo, Kahio Papalimu Kaumana Drive, Kaumana _. . EULM 4242 .�v i r ��1 � +1-.�',�Jam►� e ��. �1�'�' y,III��, '�`'' *—iII i1�11 � ��Ifi4F��' R• '+' I y �.l-F!I� 4� �.i'r '{ I i� ' �i " �1�� 1r 'I {::•'�-"yJri�I _ .�.� Ip .1 ._ t_!"r147i'.'1I Jhr1 � ���, .��t_�•'.'��'N��^ �'{{ire+I'I%.4liatl..�i�lylYLLi'-i� by. MAY 7 MR FII.B OOZY ��� � 424 j 00 r W c ne JCL a r. LLJ �+ +� .,, k on C%4 GAJ LLJ n KI) � 00 ,0 3 E m CD o CL rq W C7tn en Q0 W r i s►� m 0 LU [n Lia W J rLLIr m S2 'T o IN WN LL. N N z 0 � w di Ln ON T- f-- M. 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D - Ln , •�",� 0- 4 GPM U (Ij . , V) �f- 0E + . � 0 Ln •� LL + r - s- Ul L *o on4 arm 0 �o un 0 a� C: 4 L . . .�-�. an " -C mc C w a) W dr ,. CIO /� - .. CL •4MMPM <' rZ . _ -- t 4-J (21 Qj Ln r L. -J r- cri MEMEMMI 4 .. ': - � ' E D 0 0 4— LU 0 E 0 -0 0 Ak cu r. -0 C-- c (D E 4.-J .1--d E FEMME :3 .r-- •> E ZE 0 4. 0. LO { LLJ l t'1}It s I� CL Lin CL (1) CL {jm� C 0 C) 0 0 00 00 u Z v1'_yo��sYaV'I. .r1�= Zi 0 LL 4- LLJc c 0 Lu 0 m Q) 0 -- 4-j 4. :3o m 0 0 r.: LU 4-J Ln 4-1 UJ u m E x.- 4-0 �.n m Ln W 0 z ,, O •� Lu z; 0 Z Q)C. 0- WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT MAY 1, 2014 A regularly advertised hearing on the application of Connections New Century Public Charter School/CBESS (SPP 12-138)was called to order at 10:42 a.m. in the County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Ronald Gonzales presiding. COMMISSIONERS PRESENT: Ronald Gonzales, Charles Heaukulani, Gregory Henkel, Wallace A. Ishibashi, Jr., Raylene Moses, and Stephen Ono. ABSENT AND EXCUSED: Myles Miyasato. ALSO PRESENT: Duane Kanuha (Planning Director), Margaret Masunaga (Deputy Corporation Counsel for the Windward Planning Commission), Amy Self(Deputy Corporation Counsel for the Planning Director), Jeff Darrow (Staff Planner), Maija Cottle(Staff Planner), Sarah Hata-Finley (Secretary), and Melissa Dacayanan (Planning Commission Support Technician). And approximately 36 people from the public in attendance. APPLICANTS: CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL/ CBESS (SPP 12-138) Discussion and action on the Hearings Officer's report and recommendation 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, Hawai°i, TMK: 2-5-006:141. GONZALES: Next up is Item No. 7,unfinished business, applicant Connections New Century Public Charter School/CBESS, Special Permit 12-138. Before we get started with your presentation, Commissioner Henkel wants to make a statement. HENKEL: Hi, my name is Greg Henkel. Bear with me a few minutes here. I've got a statement I want to read. The DOE has led Hawaii students to the rear when it comes to practical education in 2151 century job skills. Charter schools have become an important vehicle that raise the standards here in Hawaii, and they're achieving this goal despite gross funding inequities. They do this by putting their resources directly into the classroom rather than into top-heavy administrative positions on Oahu, and they do this by developing new curriculum in classes that reflect modern needs. This is also one of the reasons that charter schools have become targets of the State's educational establishment and by others resistance to change,resistant to change no matter how beneficial the change might be. I've worked with charter schools on this island since 1 ,, } I their inception. First at HAAS at Kuokoa and finally Connections. My three children benefitted from charter school education, and I'm a passionate supporter of public education and the charter school movement. So, I would like to disclose that I am currently employed by Connections Public Charter School. I'm a program specialist/artist with the school's makery program. This program teaches students from elementary through high school how to use 3-D autocad software and use computer numerically controlled or CNC machines such as laser printers, 3-D printers, and CNC mills. I have reviewed the criteria provided by the Hawaii County Board of Ethics and see no conflict of interest in serving on the Planning Commission in considering this matter. That's HHC [sic], Section 2-84a. I have no substantial financial interest in Connections Charter School or specifically in building a new campus. I'm not a contractor or builder, and in no way profit from the Connections building project. I don't presently and will not in the future work at the new campus. I have no stake whatsoever in the new campus. I'll be 65 years old in a couple months and am planning on retiring in two years. Even if the ground were broken tomorrow on this project, I'll be retired before the initial occupancy can be achieved. My familiarity with the school, its students, philosophy, goals, and principles would bring an understanding to the Commission that's been absent thus far. That being said, there's still some concern that I may show bias in this matter. I supported Commissioner Ishibashi last August when he discussed/disclosed his employment with.UH Hilo in a matter that came before the Commission. He stated that there would be no conflict with his involvement--khat he didn't work in the geographic area of the project. I don't think anyone here would question Mr. Ishibashi's support of UH or his ability to remain impartial despite of community concerns that were disclosed at that meeting. I would appreciate the same consideration, But, in spite of this, I've been counseled by Corp Counsel that I should recuse myself. Before I do that, I'd like to talk about bias a little bit. Where I don't feel like I'm biased, I feel, I don't feel it's biased to acknowledge facts. And the facts of this case are, some of them, that the traffic impact reports have given the project the green light. The Department of Water Supply has given the project a green light. The Planning Director has given this project the green light. Biological surveys have given the project a green light. Connections has met all the land use requirements and has always attempted to mitigate community concerns. These aren't biases. These are facts. What a bias is, is to ignore these facts, and present findings that are inaccurate, unsubstantiated by qualified organizations, and sometimes downright inflammatory. One, Connections mandates specify that it's an open enrollment school. They take anyone if there's room no matter where they're from. There are students in Connections from Honoka`a. The use of the phrase—the continued use of the phrase—not intended to service the needs of the immediate community is inaccurate and demonstrates an ignorance of charter school models and is biased. Students attend charters because among other reasons,their curriculum is unique and meets the needs of these students. Another repeated phrase that we hear is that 54 percent of the Connections students come from Puna. That's irrelevant and inaccurate, In the student body right now, there is a high number of students from Puna, but that's not a bad thing. I'm from Puna. My kids are from Puna, Most of our elementary kids, the younger kids, are from Hilo, though. And I think that the further a school moves away from Puna, that, and these younger kids are the future of Connections, then there will be a higher number of people just because of travel difficulties. 2 4262 � f Another item that approached was the--about biological surveys. It was stated that Connections was going to build on the lower campus—the 30 something odd acres—it was quoted there are pristine `bhi`a forests. And it's not. The biological survey determined,which I have right here, that it is full of invasive species. These invasive species were generated by the establishment of the neighborhood. So, Connections wants to come in and be a, you know, to help ease this invasive problem that was caused by the neighborhood and yet they're being accused of leveling a pristine `bhi'a forest. That's up north on the part that Connections is not going to develop. So, with that, in order to expedite the process, and not cause any delays, you know concerning the Ethics Commission and so forth, even though I don't really feel that I should have to recuse myself, I'm going to recuse myself from this agenda item and hope that you folks can do the right thing. So, thank you. GONZALES: Thank you, Commissioner Henkel. Margaret. MASUNAGA: Thank you, Commissioner Henkel, and I just, for the record, I did want to state the Code section we were looking at, does apply to Commissioners, and it is Section 2-84, Conflicts of Interest, and it says in part under subsection"a,"no officer, of which a Commissioner is deemed in the definition, shall take any official action affecting a business or other undertaking in which that officer or employee has a substantial financial interest. And I did consult with my colleagues at the Office of the Corporation Counsel, including Renee Schoen and Molly Stebbins, and they did concur with me. I know it's, you know, it's a very divisive application but you know that was the advice that we felt needed to happen today. And I want to thank you. HENKEL: Thank you for that but you know I still wonder why I feel the circumstances of my employment and participation are the same as Mr. Ishibashi's, and I'm wondering why the same standards didn't apply back then. And this is in no way a criticism of Wallace by the way. GONZALES: Thank you, Commissioner Henkel, and I realize that you're doing this in order to get this moved along. HENKEL: I want to see it move along. Commissioner Henkel recused himself at 10:51 a.m, and observed the meeting from the audience. GONZALES: Thank you. Before we go any further, if anybody hasn't signed up to testify, please see the ladies over here on my right. We have 4,000 pages of documents from this since we've started. We've read it all. We've looked at it all. Please if you're going to testify you know, make it good. I mean, we don't need redundancy. We had enough. All right, with that, Jeff, bring us up to speed. DARROW: Thank you, Mr. Chairman. This is a continued hearing. We've had a number of hearings on this matter. What I would like to do is just do a brief overview of the area the application and our timeline that's occurred up to this point. Thank you. 3 4263 i Again,the applicant in this case is Connections New Century Public Charter School,CBESS as well, Special Permit Application 12-138. The area of the subject application is in the Hilo District, South Hilo District, more specifically, we're looking in the upper Kaumana area. You can see the properties. It's actually one property but divided by Edita Street. It's outlined in a black outline. This is a closer view. For reference, we have Kaumana Drive that is running through the upper middle portion of the map and running parallel with that is the Puainako Extension. Again, you'll notice that you have the dark outline, outlining the subject property. We have Edits Street running through the middle of the property, and Mele Manu Street which is adjacent to this area. This consists of the Paradise [sic] Plantation Subdivision. For reference, you'll see the different colors maps-1'm sorry, different colors on the map. The light green, dark green,blue represents Agricultural zoning, so this particular property is zoned Agriculture– 1 acre. The mustard color lighter yellows represent residential. And on your right side of your map, you have Residential –Agriculture zoning. This is the State Land Use Boundary Map of the area. The green represents Agriculture, and the pink represents Urban zoning. And you can observe that the subject property is within the State Land Use Agricultural District. The General Plan for this area identifies the subject property as Low Density Urban. You do have some Rural designations as well as some Important Agricultural land. This is an aerial photo. Again, we have Puainako Extension on the lower right portion of the map. We have Kaumana Drive that provides access to this area, Edits Street, Mele Manu, as well as the subject property which is currently vacant, outlined in a black outline. 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 within the State Land Use Agricultural District. Because this particular application is over 15 acres, the actual, if the Planning Commission recomvnends a favorable recommendation, it will go up to the Land Use Commission. if the application is denied at the Planning Commission, the application is denied. This is an overview of the facility on both sides of the property, The main campus will be on the lower portion, which they call the lower parcel. The upper campus or the upper parcel has, is only identifying an elevated walkway. You can—they also have the Kaumana Cave system that runs underneath portions of the property. This is identified with a gray color and is shown underneath. This is a site plan of the lower parcel. It again identifies all the different buildings that will be associated with the Special Permit application. These are just site photos of the area. This is on Kaumana Drive looking mauka. Edita Street is on your left. This is on Kaumana Drive looking towards makai. Edita will be on your right side. This is on Edits Street looking towards Hamakua, You'll notice that there is a dedicated left turn lane as well as a right turn lane. Currently, the shoulders are grass shoulders except where there are some driveway accesses. This is a little further up again looking towards Kaumana Drive on Edits Street. You have the grass shoulders. The subject property would be on your right and 4 4264 1 + your left. And, again,this is a little further up showing that fronting the subject parcel on your right side, you have quite a wide, shoulder, paved shoulder. And again,this is Edita looking towards Kaumana on the left side which is also a portion of the subject property. You can see that there is a guardrail. This is looking at the lower parcel that there is a gate and fence around the lower parcel. This is on Edita Street looking directly makai. And this again is on Edita Street. We're looking towards Mele Manu Street. The subject property is on your left and right, and on your right side, you can see that there is a guardrail as well as a drainageway. The timeline. The Planning Commission hearings. We've had a number of them. This began in November of 2012, was our first hearing, then it was continued to December 12, 2012. January 10, 2013---at this hearing, a motion was made to deny the application. It was not voted upon, It was just the motion was made. It was continued to allow Findings of Fact, proposed Findings of Fact, Conclusions of Law, Decision and Order to be prepared. When we came to the March 7`h hearing, 2013, a contested case was requested by the applicant as well as an intervenor was approved for standing, and that is intervenor, Jeff Gomes. We began contested case hearings. This was October 21St and 22nd of 2013. We had another hearing on November 121h of 2013, which included a site inspection of the campus or the property. And lastly, we had two more hearings in January—January 8th and January 22nd of 2014. During the contested case hearing or up to this point,just briefly touch upon some of the submittals that have come to the Planning Commission. Oh, I don't know what happened there. Sorryabout that. We've had the Planning Director's Background Report, Revised Recommendation and Revised Conditions. We had the applicant's Findings of Fact, Conclusions of Law, Decision &Order that was submitted, the Intervenor's Findings of Fact, Conclusions of Law,Decision &Order. After the contested case hearing, we had the Hearings Officer's Report. We had the Applicants' Exceptions to the Hearings Officer's Report. We had the Planning Department's Exceptions to the Hearings Officer's Report. And, we had the Intervenor's Support Statement of the Hearings Officer's Report. Lastly, we have the Applicant and Intervenor's requests for oral argument which would be taken up today. That concludes our presentation. Thank you. GONZALES: Thank you. Any questions for staff limited to clarifying anything he just said? Commissioners? Thank you,Jeff. For the record, too, I need to, I just need to confirm with my fellow Commissioners that we've all—some of us haven't been here for all the hearings—we've all got ourselves up to speed on everything. We've all reviewed everything. Very good. I think we'd like to proceed with public testimony at this time. So, if I could bring you up four at a time. I'm going to ask for Elizabeth Truesdell, Pauline Ke`ala Lee Loy, Henry Lee Loy, and Ivan Mochida. Could I have you all raise your right hands, please? Do you swear to tell the truth before the Windward Planning Commission today? TESTIFIERS: Yes. GONZALES: All right. You have three minutes. Please use the microphones. State your name, where you live, and go ahead. 5 4265 TRUESDELL: I'm Elizabeth Truesdell. I live at 250 Kristian Street which is off Mele Manu. As a secondary school classroom teacher for 31 years, I have accrued much experience with schools and students and families. All of those years have been spent working in independent schools that have both day and boarding programs, though 1 myself am the product of a completely public education from kindergarten through graduate school. Student safety is a huge concern for anyone and everyone involved in an educational institution. I remember walking to our neighborhood elementary, middle, and high schools; however,that was the 60's and 70's. Now, many local students ride the school bus, even to local public and charter schools. Situating a campus at the singular entrance and exit to an entire subdivision creates numerous potential safety and traffic hazards for students and staff of the school, as well as residents of the subdivision, even more so due to the fact that the majority of the students will be transported to the campus via car or bus, Additionally, the windy and narrow Kaumana Drive is already a challenging commute with the projected mauka residential development and additional use of Saddle Road due to its newly completed improvements—this before the elder care facility being constructed on lower Kaumana Drive comes online adding more use and stress to Kaumana Drive. The additional load of cars and/or school buses servicing the proposed Connections Public Charter School campus off Edita Street is a significant concern to drivers in the area. As a teacher, I know that students with long commutes to school face increased academic challenge due to the extended length of their day—bus or car drive to school, full day of classes and activities, bug or car ride Dome, then homework. Though the proposed school site is just up the hill from the current site, why not look for a location closer to where more of the students reside, thereby making their school life easier, rather than maintaining or extending the already long day for them. I think we can all agree that Connections Public Charter School needs a new home. Assessing the needs of the full build out for the new Connections campus and the community the school serves then finding a situation to meet those needs is critical to the long-term success of the project. I firmly believe that the Kaumana site is not a suitable location to meet the physical and resource needs of the proposed campus, not from a"not in my backyard"point of view,but from the perspective of a professional educator looking to find a pono fit for both the school and the existing neighborhood. Thank you. GONZALES: Thank you. Any questions for Ms. Truesdell? Mrs. Lee Loy? LEE LOY, P. Aloha, my name is Pauline Ke`ala Lee Loy, and I am a resident of Mele Manu Street in Kaumana. As members of the Windward Planning Commission, you will ultimately determine the recommendation or denial of a special use permit request for the development of Connections Public Charter School on State DLNR property on Edita Street. The school has already been granted the lease for the property. However, they are currently awaiting the green light to proceed with the development. After hearing arguments to both sides, the hearing officer assigned this case has recommended the denial of a special use permit for this specific request. 6 4266 In opposition of this development is a Kadmana community unaware of the proposed project to build a school to accommodate more than 400 students and faculty and staff, until long after the release of the environmental assessment. A full environmental impact study was never completed. A traffic study, more like a car count, was completed in 2010 but traffic conditions have changed drastically since the completion of the Daniel K. Inouye Highway also known as Saddle Road. This is a prelude to the imminent danger that Edita Street will encounter if the development is granted a special use permit. Fortunately, Mr. Gomes was paying attention to the proposed Connections development, and we as a community were able to intervene and participate in the political process before the actual development was granted a special use permit. Mahalo a Oce Akua! Often times,the community loses interest when things are you know set aside for a duration of time. We remain steadfast because it is that important. As responsible land stewards, we need to remain mindful of our natural resources. We need to be vigilant with the health and safety of our community. At the same time, it's our obligation to support education and the many options to learning such an institution can provide its learners. It's all a delicate balance. Again, we're not against the development of a charter school. We are against any development of that magnitude in the proposed area as it evidences health and safety concerns at its current proposed site. I urge you to deny a special use permit. I am convinced a more suitable site is available. Thank you for thinking long and hard about the decision that rests on your shoulders. This is a huge kuleana—one that can permanently change the landscape of a neighborhood and an island community. There are just too many cautions that outweigh the benefit of granting a special use permit of this specific site. Thank you. GONZALES: Thank you. Any questions for Mrs. Lee Loy'? Charlie. HEAUKULANI: Did you have a specific alternative site you were referencing? LEE LOY, P: I do not. 1 do not believe that is my kuleana, but I believe one exists. GONZALES: Thank you. Dr. Lee Loy, LEE LOY, H: Members of the Windward Planning Commission,my name is Dr. Henry Lee Loy. 1 am a resident of 1579 Mele Manu Street in Hilo. I am not against the education of students from the Connections Public Charter School. I think all of us here today agreewe want to promote the best interest of students whether they attend charter, public, private, or home schools. Never should the lives or safety of any student be jeopardized. 1 oppose the proposed location of the school because it will have only one way in and one way out, presenting a clear and dangerous situation for students, faculty, and the neighborhood residents. Traffic on Kaumana Drive is increasing the threat of more accidents. A few months ago, I called the County Department of Traffic and commended them for the astute use of"shark teeth striping"painted on the road to warn drivers to slow down because of the dangerous road conditions. 1 recommended additional "shark teeth striping"be used around the dangerous curve fronting the Kaumana Caves located about a 100 yards from the proposed 7 4267 project. They must have agreed with my concern about the dangerous conditions because the County Traffic Department recently added additional "shark teeth striping" as I show here in this recent photo. During the contested case hearing,the public was allowed to give testimony at the start of each day. Not once during these opportunities did I hear any public testimony in support or in favor of the application for Special Permit Application No. 12-138. Any development of this magnitude is inappropriate for the proposed location. You have been given the authority to deny or approve this application for a special use permit. In the interest of the safety and well being of students and the community, it is my hope that such a request is denied. Thank you very much for your time. GONZALES. Any questions for Dr. Lee Loy? Thank you. Mr. Mochida. MOCHIDA: Good morning. My name is Ivan Mochida, and I'm building my home on Edita Street near the proposed school. I'm a small contractor and have been involved in building on properties that also require approvals by the Commission and Council. Thus, I'm familiar with the importance of working with the neighboring community. If 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 thought would be gone forever. In turn, this diminished quality would be flat in the reduced value of our properties. It is certainly not fair to rata a land use with such a huge impact into a Small residential community. Don't get me wrong—I'm not against anything happening on the property. I believe that there are many uses that require Planning Commission approvals that I would be supportive of. Some of these uses would include a nursing home, small medical facility, and even a child facility. The impact of those kinds of use would be benign. bike 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 Super Market at this site. Good use, wrong location. Please help us by asking the applicant to find another location and be denying this request. Thank you very much. GONZALES: Any questions for Mr. Mochida. ONO: Question. GONZALES: Yes sir. ONO: Out of curiosity, do you know the number of vacant lots in that community? MOCHIDA: 1 do not know, but on my street, I'm the only vacant lot right now which, my house is being built now. ONO: Thank you. 8 4268 GONZALES: Any other questions? Okay, thank you. We'd like to ask Michael Bishop,Wayne Kanemoto, Layne Novak, and Randy Riley to come up. Could I have you all raise your right hands, please? Do you swear to tell the truth before the Windward Planning Commission today? TESTIFIERS: Yes. GONZALES: Thank you. Use your microphones. State your name, where you live, and you will have three minutes. Thank you. BISHOP: Good morning. My name is Michael Bishop. I'm a Kaumana resident. Throughout this sorted action, there are two topics that have clearly come to define the foundation for this special use permit sought by Connections Schools and their associates—objection and speculation. The applicant has speculated that the special use permit is the correct platform for the size and scope of change its plans will impact on the leased agricultural lot. The applicant also speculates its limited County water allotment should not restrict its Phase One build-out of barns, stables, dormitories, caretaker's residence, followed by Phase Two, money providing, of classrooms. The applicant blindly speculates safety for the children, workers, and visitors would be sufficiently addressed on a campus bound by hog wire, tightly surrounded by natural forest, narrowly restricting the only entry/exit half a mile away up a hill. Objections by the applicant can be summed in a simple phrase, "how long has this process been going on.' As a community member of Kadmana, I have speculated on whether this particular lot was the most suitable plot out of all of the sites the State and the applicant had access to and chose to review. 1 object to the thought that the County would be drawn into a State court over the exercise of County due process. And the Windward Planning Board, as the Windward Planning Board,object to speculation, provide sound guidance, and set proper precedence for our Islands. GONZALES: Thank you. Any questions for Mr. Bishop? Thank you. Sir. KANEMOTO: Good morning. My name is Wayne Kanemoto, and I oppose the building of the Connections Charter School in Kaumana. The applicant has not convinced the Kaumana community, the hearing officer, and some members of this Commission that they should be awarded a special permit. From my perspective as an educator and administrator,there are tasks and information that Connections representatives have not done. The first one is the educational specifications of standards for facilities provides what I consider to be an overarching or critical factor. That is, to meet the needs of the community, this participatory process provides the means of involving educators and the community and instilling a sense of pride and ownership in their school. I believe that, that's what Connections missed--to get in the community, as evidenced by our testimony and our presence. The other part is they had talked about needing 70 acres, but the selection, the site selection criteria specifies, oh, well is a guideline and for a high school with a thousand enrollment,they 9 4269 would only need SO acres. So, this, it doesn't make sense. They haven't justified why they need 70 acres for their property, for their school. As a principal, I've faced similar situations. I understand what they are going through. Financially, as you've heard, charter schools have had problems financially being able to sustain and conduct their operations. And, I think what's missing here is that the priority is really for instruction, and not for schools for facilities. And when you have a phase development, what happens is that you have multiple campuses, and it impacts on your staff training, what we call articulation between grade levels because of separate campuses. So, it really doesn't make sense. There is-1 think it's foolish, in my mind, it's foolish expenditure of their funds, their limited funds. That's pretty much about it. Thank you. GONZALES: Any questions for Mr. Kanemoto? Thank you. Ms. Novak, you're also speaking on behalf of Norine Okuhara and Donald Ikeda? NOVAK: Yeah. GONZALES: Okay, and she did promise to be mindful of our time constraints. NOVAK: Okay, so who do you want first? Or do I do both? GONZALES: You can just do your thing. NOVAK: Okay. "Good morning Commissioners, my name is Norine Okuhara, and I lived on 1209B Kaumana Drive for over 40 years. My home is right below where Commissions (sic) want to build their school. We, the community have voiced many concerns,i.e. water, traffic, etc. They, John Thatcher,Ted Hong and "their"people, always said that they have addressed our concerns. They have not followed, explained, or implemented what they said they were going to do. They have only talked about it, but we have yet so see any concrete plans of implementation. I, therefore, do not trust them because unless things do not, do not go their way, "oh,the community is against the students, etc." I have attended many meetings where by the students themselves told the committee members that the community was against them. We have always told the students in our testimony that we were not against the students per say but against the way they, the adults,have conducted their so-called open forum meetings, inviting the community members. As a retired teacher,this has really upset me. I had also attended the meeting conducted by Judge Sandra Song. I feel that her judgment was accurate and just. According to John Thatcher, quoted in the Hawaii Tribune Herald, he claims that Judge Song's conclusion was inaccurate. It was not inaccurate. She brought out all of the points that were pointed out during her hearings. I am not being biased because she favored the community. She could see that the community members were speaking sincerely and from their hearts. 10 4270 Although I cannot be there for this meeting, thank you for allowing me to present my testimony." Next one is, the next one is from Donald Ikeda. "Thank you for allowing me to provide a few comments on the applicant's request for a special use permit. No one can deny that education is a fundamental need. No one can deny that a school that serves the needs of non-traditional and/or special needs students is a good thing. 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, abusiness, 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. No chest thumping, no bullying, or browbeating. Connections Charter School and its representatives have failed this miserably. If this were a test, the school officials and representatives would have D's and F's. Commissioners might also want to review their files and refer to all minutes of DLNR meetings regarding the transgressions of the school administrators and the results of the DLNR investigations that were necessary due to these transgressions. I would like to ask that this Commission listen very closely to the concerns of the surrounding community and to listen to their statements regarding the ongoing actions, misrepresentations, and other un-neighborly acts by the school, its officials, and its representatives. I would further ask that this Commission take time to read the applicant's petition, all versions completed to date, very carefully, and if you have not already done so, take the time to research and confirm each of the carefuily worded ascertations made by the school officials and representatives. This carefully crafted document is full of half-truths and unfulfilled promises, such as water, traffic mitigation,temporary housing, staffing,parcel size actually necessary for planned activities, etc. 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. 1 would further suggest that unless proof can be made of the fulfi-, excuse me, fulfillment of promises and ascertations set forth by the school and its representatives, no progress be allowed until the promises and ascertations are fulfilled." Gotta read real fast. "I would like to highlight a few concerns that would cause me to think allowing the school to go forward without imposing strict conditions upon the school and its officials and representatives. My concerns are water credits, traffic mitigation. The dormitory was first explained to the community to be used only occasionally, so the 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 expanded into longer stays by multiple groups. It is easy to understand that the school intends to use the dormitory on a regular, if not, full-time basis. 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. to the meantime, the residents in the surrounding areas will have, will be exposed to vermin,bugs, contamination, 11 4271 disease, and odor. These unacceptable conditions will be increased when the planned livestock raising takes place. Please keep in mind that the school admits"—oh, "admits that only 30 percent of its students will be"—oh. GONZALES: Thank you. We all have Mr. Ikeda's letter, too, so we can read it. Did you have something to say on your behalf or is that— NOVAK: No-- GONZALES: Okay. Any questions for Ms. Novak? All right. Sir. RILEY: Hi. My name is Randy Riley, and I live at 282 Edita Street. And I'm not against charter schools or any kind of education. I think it's all good. I'm just against the location of this school. You've heard all the reasons. You've heard all the testimony. I know firsthand that, that intersection of Kaumana Drive and Edita Street is very dangerous, and I believe the"shark teeth"were put there because of very bad accidents. My wife was in there. The traffic is----it will never, with the school going in there, it's inadequate. 1 just hope that this Commission listens to this community and listens to the hearing officer's ruling. That's all I ask of you guys. Thank you very much. GONZALES: Thank you. Any questions for Mr. Riley? Thank you all. I have one more on here. Ming Peng? And if anyone else would like to testify, now's the time to come sign up with the ladies over here. Raise your right hand,please? Do you swear to tell the truth today before the Windward Planning Commission? PENG: Yes. GONZALES: Okay. State your name, where you live, and you'll have three minutes. PENG: My name is Ming Peng. I live in the Katunana area. I have testified and provided comments against the applicant previously. As a consequence, I was rewarded a subpoena by the applicant for the contested case hearing. I'm just a community member providing opinion. I'm no match against the skilled and highly trained attorneys representing the applicant. I was asked on one of my previous statements if I were, if it referred to the full and completed build-out of the school, to which I answered yes,but I just want to add that I'm not only just against the full and completed build of the school, but I'm also against Phase One, Phase Two, Phase Three, for all the reasons that, you know, was discussed previously. GONZALES: Any questions for Mr. Peng? Okay, thank you, sir. ONO: Mr, Chair, before we proceed, can I ask for a two-minute break? 12 4272 GONZALES: Sure, actually, if I could get a motion just to close the public testimony part, and we'll take a—take a break. MOSES: I make a motion to close the public testimony part. ISHIBASHI: Second. GONZALES: All in favor? COMMISSIONERS: Aye. GONZALES: Are there any objections? Okay, bathroom break. Five minutes. Chairman Gonzales called a recess at 11:26 a.m., and the meeting was reconvened at 11:34 a.m. GONZALES: Okay, at this time, we're going to allow oral arguments. Do any of my fellow Commissioners, would anybody object to that? Is that okay? Are we going to let them come up and have their time? ISHIBASHI: So moved. GONZALES: Okay, I talked to both parties. They both said ten minutes should be more than enough, so we're gonna have Mr. Hong come on up, followed by I believe Mr. Fuke's going to represent Mr. Gomes. Then,probably Mr. Hong one more time. HONG: Good morning, Mr. Chairman, and Members of the Windward Planning Commission. My name is Ted Hong, representing CBESS, and I'll be giving a brief oral argument this morning. First, two procedural matters, One is the notice of the hearing today sent out by the Planning Department. I submit that the notice is insufficient pursuant to rules. Second, yesterday morning, in Civil No. 14-1-4082,Nishi vs. Board of Education, Judge Edwin Nacino in the First Circuit Court ruled that under Chapter 91, even though that there is a hearings officer who submits findings and recommendations to a full board, the full board still has to fall under Chapter 91 for contested case procedures, specifically Chapter—Section 91-9 regarding notice. Additionally,Judge Nacino ruled that the full board has to take evidence, witnesses, cross examination,the whole nine yards,with respect to a contested case hearing. Naturally, I disagreed with him but that's basically the ruling that's going to apply. We had cautioned the judge about ruling that way because that would now apply to all State boards and County commissions, and it would be duplicative in terms of not only do you have a hearings officer conducting a hearing, now the full board is actually having to conduct a hearing, and we thought that was an overreach,but that's the way the law is going to come down, and I submit for the record, when this goes up, that we've received insufficient notice under 91-9 of the Hawai`i Revised Statutes. And my understanding is you're only taking oral argument, and you're not going to allow us to call witnesses, present evidence, cross examine. is that correct, Mr. Chairman? 13 4273 GONZALES: Correct. HONG: Okay. Thank you. So I can proceed with my oral argument this morning after the administrative issues. The authority,why we're here today,is governed by the County Code, the General Plan, Hawaii Administrative Rules, and the Hawaii Revised Statutes. There are organizations, agencies, individuals, trained professionals, and planning land use management development that have gone through this project and vetted it and approved it. Grounds for the Special Permit, we've discussed this previously, under Chapter 205, the Hawaii Revised Statutes, and the Office of State Planning has agreed after looking at this project, that our project meets the goals and requirements under the law. It articulated in the record what it believes that this is an unusual and reasonable use. These are trained professionals in the area of land use, have looked at a lot of projects. That's their job. In terms of the Planning Department, again,trained professionals, charged with responsibility of not only interpreting but enforcing the Zoning Code, the General Plan, and you have two separate Planning Directors agreeing with this project--that we fulfilled all the requirements of the Planning Commission Rules and General Plan. Which brings us to basically the primary objections that this project has faced. The first one is water, and you've heard about it a lot at these hearings. And some representations were made about the lack of water with respect to this project by the hearings officer. So, you would expect in terms of the hearings officer's decision that the Water Department would have some objection. And this is what the record says-4hat the Water Department has no objection to the proposed application. And in terms of the proposed or amended conditions 3 and 4, do you agree with those particular conditions, and the Water Department did agree with them. That's from Kurt Inaba in terms of his testimony under oath for the first time with respect to some of these proceedings. So,in terms of the water or the lack of water, the question is given this record,how does anybody reach the conclusion that there wasn't, there was insufficient water. Let's talk about the next issue that always seems to plague this project which is traffic. And you see the testimony of not our expert witness because you could, anybody could say that our expert witness is biased because we were paying for the expert witness, which is Mr. Rowell,but this is Ron Thiel, from the County of Hawaii, who looked at this project. This is what his testimony was under oath. Were there any deficiencies or shortcomings? No, he didn't see any. In your opinion, based on your experience in terms of Mr. Rowell's TZAR,did it meet all the professional standards and guidelines? Yes, it did. And, I'd like to address the third point. And currently, the school only has one point for entrance and exit. in your professional opinion, should they have a second point for exit, say a single entrance point and a different exit point, Mr. Thiel's answer is pretty clear. You have again an engineer, traffic engineer, very experienced, you look at the record. He talks about the projects he's worked on and his qualifications, and that's his conclusion. Unchallenged. There were no 14 4274 witnesses brought by the intervenor. There were no witnesses to challenge at all any of the findings by Mr. Thiel or Mr. Rowell, which brings us, brings me to the next point. There were a lot of questionable practices that finally carne up or were exposed in the hearing. And that's because the witnesses were not only placed under oath, as they all are here sitting at the table, but now they're subject to cross examination. And so, basically, in terms of all the overwhelming testimony you've received concerning traffic from Mr. Melvin Yokota, what turns out,happens is under oath,he's actually an electrical engineer. He's actually never done a traffic report or submitted a traffic report. His firm that he works with does big electrical systems. The closest he's ever gotten to any traffic report was designing the electrical system for an intersection with lights. Yet, when you look at the testimony that you've gotten from Mr. Yokota, that certainly doesn't comport with that impression. He gives you a different impression, but when he's finally examined under oath, he had to reveal he's an electrical engineer. Followed no industry standards with respect to traffic. Mr. Yoshioka, former judge Mr. Yoshioka. The suggestion that he was acting in an impartial manner for these proceedings is false. He actually tried to become an intervenor half way through, which was rejected by the hearings officer appropriately. What also came out in his cross examination was that he's been having a law firm in Hilo ghostwrite some of the things that he's been submitting to you as a Planning Commission which, as Mr. Heaukulani knows, may be a violation of the rules of professional conduct for lawyers. There's a downtown firm that's not only been writing questions for Mr. Yoshioka but also the material that he submitted to the Planning Commission. And what Mr. Fujioka—Yoshioka—also said was that Mr. Fuke gave him information that he included in his submissions to the Planning Commission and to the hearings officer, which brings us to Mr. Fuke. During that particular hearing, Mr. Fuke gave contradictory,misleading, and inaccurate statements. He denied giving any information to Judge Yoshioka. And also, he represented that no school in the State of Hawaii or certainly on this island was put on Agricultural land. When we pointed out under cross examination that Kamehameha Schools in Kea`au has been on Agricultural land and the predominant part of Kamehameha Schools in Kea`au is on Agricultural land, he just said, I stand corrected. Now, that would be fine if you have let's say a lawyer commenting about a traffic issue. You know, it's a lay opinion. But, you have somebody who used to be the Planning Director here for the County of Hawaii. You have somebody who is a trained professional in planning. You have somebody who makes a living, a very good living, off of land use management. So when he says there, and stands at the podium to the Planning Commission and tells you that no school has been put on Agricultural land, under cross examination, he had to admit that his prior statements were false. And those are some of the questionable practices that these individuals have been bringing up throughout the course of this proceeding. Unfortunately, we couldn't subpoena everybody under oath or get them under oath. They're people here, and some person, one individual in particular, who was actually actively ducking our process server. But she knows who she is. In terms of the reasons for action, we're requesting that you as a Planning Commission reject the hearings officer's decision. It lacks any legal authorities or legal citation and omits key 15 4275 evidence. There's a lack of consideration to any of the expert testimony. On the part of the hearings officer--the overwhelming amount of information and evidence was also omitted by the hearings officer. The Planning Director has highlighted or is asking the Planning Commission to review the important information before making this decision on the Special Permit and if you deny the application, to be very specific in terms of why you're denying it. The other thing in terns of the hearing, the intervenor, Mr. Gomes, failed to submit any sworn expert witnesses, so when the hearings officer comes to the conclusion that somehow this permit application should be denied because it overburdens governmental agencies, that's pretty, that's a pretty important statement. I think everybody needs to take a look at that very carefully. So, if it's going to overburden any government agency, it must be overburdening the Water Department, and there must be some kind of testimony— As part of the County of Hawai`i's emergency practice procedures, at 11:45 a.m., the Civil Defense sirens went off, and the meeting was briefly interrupted by a safety message over the room speakers by Brandon Gonzales, Deputy Director of the Department of Public Works. Okay, so I'll get back to my point. One of the main considerations, main points the hearings officer makes is that our application is going to overburden governmental agencies. And the question is, where's that going to come from? Is the Water Department being overburdened by any of the amended proposed conditions? No, there's no evidence in the record of that. How about the Traffic Department of the Department of Public Works? Are they going to be overburdened by any of the amended terms or conditions concerning our proposed application? No, there's actually nothing in the record about that either. So, what about the Planning Department? Maybe the Planning Department was concerned about being overburdened by some of the amended terms and conditions that we've been proposing, and—no, you don't have that either. How about the Planning Director? No. How about DLNR? No. Board of, what about BLNR? No. There is no evidence. There is no testimony. There is no submission indicating that with respect to the proposed amended terns and conditions of proposals, in terms of our application, that it would negatively impact any County or State governmental agency. Yet,that's one of the reasons why the hearings officer chose to give us an unfavorable recommendation. When, as lawyers, we make that kind of a broad statement, you would expect it to be supported in the record and it isn't, which makes my job easier later on. Provisions in the Planning Commission's rules and procedures, so what do you do after this? After today? What kinds of things or alternatives does the Planning Commission have? Obviously,you can accept or reject the proposed Findings of Fact, Conclusions of Law. You can reopen the docket and take further evidence, or may make such other disposition of the case that is necessary in the circumstances given the lack of support in terms of evidence and testimony at the hearing. I think the only reasonable—the only intelligent choice that you can make—is actually to reject the hearings officer's report, and actually approve the application. Despite the fact that you may not like it; despite the fact that there are friends sitting out there in the audience who have time and tune again opposed this project simply because they don't want it in their neighborhood; despite the fact that they've testified that perhaps they don't like kids running through their neighborhood. It may seem uncomfortable, but all of you took an oath to support the laws, and the Constitution of the State of Hawaii, and the County of Hawaii. You sometimes have to follow the law even though personally you may not like what you're doing. That's what all of us 16 4276 have to do. So, I submit that that the Planning Commission should reject the hearings officer's decision and approve the application. Thank you. GONZALES: Do any of the Commissioners have questions for Mr. Hong at this time? Okay. FUKE: Good afternoon Mr. Chairman— GONZALES: Good morning. FUKE: --and Members of this Commission. My name is Sidney Fuke. I'm over here as an advisor to the intervenor, Mr. Ted (sic) Gomes. So, he had asked me to, if I would assist him in providing the summary, you know, this portion here. So, with your indulgence, I'd like to go through,using this podium, because you know I, I have a hard time looking at both sides. Anyway, so, I think on the process like the staff had explained it so I'm just going to skip through that. One thing that Mr. Gomes and I guess,you know, he was really representing the community for the most part. It's just that noting that as was evident by today's testimony, that for the most part, people were not questioning the nature of the school itself but they had some concerns about the appropriateness of the location, And as pointed out by the hearings officer's report, is it's the applicant's and not necessarily the community or the intervenor's burden, responsibility to have the burden of proof to show how the request is consistent with the guidelines of the Special Permit and that has to be done by preponderance of evidence. So, the statement that you know the intervenor did not provide corroborating witnesses and all that stuff, bear in mind that, that burden really rests on with the applicant themselves. The critical thing is Iike you know they make reference to the General Plan, sure—let's look at the Land Use Pattern Allocation Guide Map. There's no question that the property is in the Low Density area,but having a property within the Low Density area does not in and of itself suggest that it should automatically be approved. You could have properties that, within the Low Density area and sometimes it says commercial uses are okay,but you may need to go through the rezoning process. Or you may need to go through a Use Permit process. So,just because the map shows that this is an area for Low Density and schools are, you know, should be automatically permitted, it's not true. The very fact that earlier, the, you know on your earlier application this morning, you had a request for a, I guess a body fender shop up in the Puna District. If you check the General Plan map,it's not going to show you Industrial, so then the map is basically to serve as a guide. So, then the question becomes if the General Plain as a guide then what, you know the map portion, then what is, what are the more critical components. The more critical components become, become the policies portion. And,here, I just selected certain portions, and let's just look at what this says. In public facilities, it says, encourage the provision of public facilities that effectively service the community in keeping with envirotunental and aesthetic concerns of the community. 1 gotta emphasize, the real emphasis is in community. And in the land use portion again, it talks about encouraging the development and maintenance of communities meeting the needs of its residents. The Use Permit, I put the use permit criteria because even if, even if the property were in the State Land Use Urban District, it was zoned Ag or zoned Residential, you still needed to have a Use Permit before a school could be established. 17 4277 So, this is what the County Zoning Code says about a Use Permit. It 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, etc., etc. If you look at the Special Permit criteria, it still talks about, does not adversely affect surrounding properties. Talks about public, burden to public agencies, substantially alter or change the character of the land and unusual conditions. The common theme you know between the General Plan, the Use Permit, and the Special Permit in terms of the kinds of considerations that go into the decision-making process, really relies, you know really relates to the community. Now, what are Jeff and the rest of the community are saying about why it should be denied is here on the question of the water. Look at the application itself. And that's critical. The application says that what's available, they got 4,200 gallons per day. How much is required per student? Sixty gallons per day. How many can that serve? Seventy students. What is the total requirement for the school? And bearing in mind, the school they're talking about is like about 400 students, 70 full and part time employees, a gym, a cafeteria, etc., etc. So, if you got only 4,200 gallons of water, and your total requirement is 26,100 based on the application now, that represents the amount of water you have today is only 16 percent. So,then the question becomes true, the consultant did testify that their alternative design scenarios you can reduce the water use,but still there was no answer as to how the potable water needs for the entire development was going to be provided. True, no construction plans are needed, but there is a need to represent how you're going to provide water for the balance of the project. Whether you're going to development wells, or you're going to work something together with the Water Department,but all it said in the report was to investigate other sources of water to support the project. This is in their application. So essentially what you have is like you know in terms of addressing the water, it's a kicking— kick the can down the road—kind of approach. It's like oh, we don't need to think about it but you know at some point in time when the need comes about, we'll talk about it. We'll discuss it. But that's the type of analysis that's called like segmentation. If you have like a traffic study, are you going to evaluate the traffic study only by phases? If you have an archaeological requirement, you're going to do an archaeological inventory survey only of the lower portion and not the entire area? There is an obligation to look at the entire property—that's what you call like the segmentation. So the EIS,based upon two Supreme Court decisions, they basically shunned the whole--they developed the notion of segmentation. They said you got a project? You've got to look at its totality. You cannot take it in segments. So,the question then,basically now,if you look at their Exceptions, and if you ask yourself today then, they said they're going to build it in phases. But do you know now--can anybody clearly state what will go in the first phase,knowing that you only have 4,200 gallons of water. They represent that they may have like a high school, they might not have a gym,they might not have a cafeteria. But even at the high school, it will not be sufficient to accommodate all of the water that they have. So, I think it's important to know that if you, if a decision is going to be made, you need to know exactly what you're approving, and 1 submit to you at this point in time, you don't know really what's going to be coming in on the first phase. You might have an idea as to the total project, but you don't have an idea as far as how the infrastructure requirements for the total project is going to be addressed. 18 4278 The other thing,too, is like you know the police,the police comment, it's kinda clear, you all have it on the record. This is what the Police Department said. The development 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. The applicant's provided discussion on traffic,but there was no evidence to address specifically the quality of life, no evidence to discuss the crime, no specific evidence to talk about noise. So unlike the areas like traffic and archaeology, they did have specific studies to that. But ask yourself, if you look on the application, or even through the contested case process, there were no technical studies that dealt specifically with noise and social impact. And the noise component is critical because noise—you're relating to like traffic, you're relating to the activity itself, and the impacts to the community. True, on the traffic, the TZAR does state that the level of service operates on an acceptable level. As Mr. Hong had indicated, I'm somewhat familiar with that kind of standards given my profession—yes, I can agree with that. But you know what? Seventy percent of the community still disagrees with that because they say, they question first of all,the date of the study. The data was compiled in May of 2009, almost four years ago, and even the traffic consultant conceded that the University, the KSBE schools and the high school had ended and there was no examination of other streets kind of approximate to there, particularly Chong Street. Phillip Rowell, the traffic consultant,he did concede that he was aware that the schools were closed, but he concluded rightfully so that may—not rightfully so---but he concluded that, that should not affect his analysis or conclusions. He also said that he was not aware, however, of a number of residential developments in the Kaumana area and subdivisions that would utilize Edita Street. But, he then continued that based on his experience,if the application were to be considered by the State Land Use Commission, an updated TIAR would probably be required for two reasons. The traffic counts were done four years ago, and the list of related projects and background forecasts needed to be updated. So the question, then, I would have of this Planning Commission--you have the authority to deny. You also have the authority to recommend its approval. Why wouldn't updated traffic be appropriate for the State Land Use Commission and not this Commission? Ron Thief, the County Traffic Division. Admittedly, he concurred with the TZAR but if you go through the transcript,one of the things he said was that having traffic counts after the University, community college, and Kamehameha Schools ended could have made a difference in the TIAR. And he actually even added, it actually could make it even worse. So what's—from the community standpoint, and if you look at the General Plan policies, the Use Permit, Special Permit criteria, as I mentioned earlier, they all focus on the notion of community. Now, the former Planning Director's testimony regarding like how this project could be very supportive you know of the community, her comment was that more and more students will come if you build like more and more, you know like, the field of dreams type, you know, more and more students will come and then they will reside in South Hilo because that has been the trend. So, the question that Jeff and the community is raising is that well, who is the community then in this particular instance. Do you define the community as Kaurnana? Or do you define the community as being the regional South Hilo? So, at the same time there was no evidence 19 4279 provided by the applicant to show you know such as, to show the demand, you know whether it was studies from the survey's that they may have taken, you know, within the particular community area, or whether there was a statement from the Department of Education to show that yes, there is a need for additional educational facilities over and beyond the DeSilva School, Kaumana Elementary School, Hilo High School, and Hilo Intermediate School. So, in summary,the community is saying that there are adverse impacts. At least 85 percent of the residents within the Pacific Plantation Subdivision and nearly 70 percent within 500 feet of the proposed development, they're all saying that the impacts are going to be adverse. So, in summary, the conclusion was that the location is not appropriate because of adverse impacts to the community, it will definitely change the character of that area, inadequate infrastructure, and based upon the policies--[12.-03 p.m. phone ringer went off.] My time's up. --Is not consistent with the General Plan so essentially then in summary for these reasons and more, as found in the intervenor and the hearing officer's proposed Findings of Fact and Conclusions of Law, we believe that the request does not meet the test for a Special Permit and, thus, should be denied. GONZALES: Commissioners, any questions for Mr. Fuke? ONO: I have several comments, questions that he could clarify for me— GONZALES: Use your microphone,please. ONO: I have some questions. What was that report by Mr. Kaneinoto about the ratio of students to campus acreage of the high—he was referring to the high school: FUKE: I really don't know. That's Mr. Kanemoto's question. ONO: Okay, I think I wanted that clarified, but okay. Would it be appropriate for Mr. Kanetnoto to clarify? GONZALES: You want to come up for a second,Mr. Ka.nemoto? Any questions for Mr. Fuke? ONO: When the developer developed this community, I guess the specific whatever the title is, I'm not familiar with construction or development of any, any subdivision, but would the developer plan on the infrastructure? The water, the mad, is that part of the planning so that he would anticipate the amount of traffic for the development of the subdivision and the use of water for the subdivision? I guess what I'm looking at is when the community is fully utilized, all of the residents' lots are developed, would the size of the water pipe, 1 guess--was it 8 inch? Would that be a flexible amount in terms of say, we can accommodate more than the fully developed community and the road. Would that—would the road be--what would be the estimated surplus of water I guess it would be. FUKE: Okay, I don't speak for the Water Department but to the best of my knowledge, the way that I understand how their policy works, like in the subdivision that, that a, Pacific Plantation Subdivision, for example, the Water Department would be looking at whether there was adequate-- the source was adequate to service like, you know if they have like 100 lots, whether 20 4280 the source is adequate to service the 100 lots in that area. And if the source is adequate, then, they would say fine, you know, you can develop the subdivision but you would have to provide maybe this size pipeline, you know that going up on Edita Street and Mele Manu Street or whatever, and the cross streets or whatever, and then, that's how the water is provided. If you're going to go through the rezoning process, say if that property, you know that Mele-- you know, that Pacific Plantation Subdivision was maybe zoned for 20 acres, and they wished to have like one acre lots, then you have to go through the rezoning process through this body here. And, at that time, the Water Department is going to evaluate to see whether there is sufficient water or not. It's like in this situation here with the proposed school. Because they don't---they need to get the right to develop it, the Water Department said you can develop, but you know you're going to be constrained to only 4,200 gallons of water. In other words, seven units of water, and that's all you have. So, if anybody within that area today, putting the school aside, if a person has like ten acres of land, and is currently zoned for one acre, the Water Department would say, the most we can give you is only seven units of water. In other words, you can have seven lots. That's based upon the source. So, the question that we were raising, 1 guess the community was raising, is that because they have only 4,200 gallons of water, and they need to have you know considerably more than that, the question is how is the additional water going to be addressed. ONO: Thank you. GONZALES: Okay, if you had a question for Mr. Kanemoto, you know, we.need to close the public part of the hearing, so snake it direct, and get your answer and so we can trove on—did you have a question? HEAUKULANI: And I've got a couple of questions for Mr. Fuke too so— GONZALES- --Okay— HEAUKULANI: --but I'm okay with— GONZALES: 1'd like--if you have a question for him, let's ask him— ONO: Oh no, I'm sorry, yes—you state in your testimony, in your testimony yeah,kind of a ratio of number of acres per high school campus? KANEMOTO: Right, it's from the educational specifications, standards for facilities, and it's section 203.3, site selection criteria, elementary school with a minimum of 500 enrollment. The suggested guideline is twelve acres. For a middle school, intermediate school, with a minimum enrollment of 600, eighteen acres. And for a high school with a minimum of a thousand student enrollment is fifty acres. Does that answer your question? ONO: Yes, could you go over the figures again, please? 21 4281 KANEMOTO: Okay, it's in my testimony but for an elementary school, minimum enrollment of 500 on twelve acres; middle school and intermediate,minimum enrollment of 600 on eighteen acres; and for a high school a minimum of a thousand enrollment, fifty acres. ONO: Okay. KANEMOTO: Okay? ONO: Thank you. GONZALES: Thank you. Charlie. HEAUKULANI: Yeah, I actually had a question for both of you gentlemen. Since you both have used the same phrases, I'd like to get an idea, and in fact, the question's already asked,how do you define community. Our rules don't talk about community, and I'm not sure that I'm comfortable with even limiting it to South Hilo, but am I correct that both of you gentlemen define community as the immediate, adjacent area? KANEMOTO: I do, yes. FUKE: I do also because it's like--it's kind of tied in with some of the criteria, you know, the guidelines because it defines community in relation to adjoining property owners as well you know, in terms of the impact. HEAUKULANI: Agree that our criteria does talk about the effect on surrounding properties-- FUKE: Correct, yeah. HEAUKULANI: But, what we're really looking at is whether this is an unusual or reasonable use of land situated in the Agricultural District,not in any one community regardless of how you define it. And, sir, I had a question for you. In referencing the burden of proof, you did not mean to suggest that the community, however that's defined or the intervenor, had no burden of proof of persuasion in the contested case hearing? FUKE: No, I did not. HEAUKULANI: Okay, so you'll agree that, while the applicant carried the initial burden of proof,that there---once that minimum criteria is reached wherever that is—that opposing views are required to provide at least some burden of proof or burden of persuasion? FUKE; I don't know. I'm not an attorney, so I'm just kind of, 1 won't be able to answer that question. HEAUKULANI: I understand, but you or your client did make the argument. I'm just trying to figure out where they're coming from. I just don't want you to leave open the idea that only the 22 4282 applicant has a burden of proof or a burden of persuasion in these proceedings. Would you agree with that? FUKE: I agree. HEAUKULANI: Good, fair enough. Thank you. GONZALES: Thank you, Mr. Fuke. Mr, Hong? HONG: Good afternoon. I'll be very brief. 1 think one of our country's greatest presidents, Harry S. Truman, once said if you can't convince them, confuse them. And I submit that Mr. Fuke and his client are trying to confuse you. He's trying to confuse you by telling you that in terms of the burden of proof, as Mr. Heaukulani pointed out, only and solely rests on us when that's not what happens. What the burden of proof basically says is, you look at the scale, and if it tips a little in your favor, then, you've met the burden of proof. There are different burdens of proof in law, clear and convincing evidence beyond a reasonable doubt, criminal court, but all it says is that the scale tips a little bit in your favor, then, you've met your burden of proof. What that also means is that if you provide testimony on a particular issue, you've met that burden of proof unless they can show a countervailing testimony. Testimony that comes in opposition to that. Then, you've kind of gotta weight it. Look at their credentials, who's more credible, who's not more credible. In this case, with respect to water, unchallenged. No witnesses to support that we lack water. There are no witnesses to support in terms of the Water Department's recommendation that it was inappropriate, We've met our burden of proof on the water issue. In terms of traffic, they're trying to confuse you. They feature certain highly selected excerpts of Mr. Rowell's testimony. What Mr. Thiel actually testified was with respect to UH and DOE being out of school at the time, was that when he looked at Mr. Rowell's numbers, and the calculations he went through, that he estimated that Mr. Rowell was—erred to cautiously on the conservative side,meaning he was factoring in a higher load then he needed to, to show. That curiously was left out of the presentation. In terms of the—Mr. Kanemoto's testimony, and he testified this at the hearing too, these are DOE standards. This applies to, you know, brick and mortar schools. It doesn't apply to charter schools. You know, it's comparing again apples to orangutans. They don't match. They don't, one-4he DOE, and I know this is hard to understand, that the DOE regulations regarding schools and sizes and the height of a toilet from the ground depending upon the school, do not apply to a charter school, and that was very clear in terns of the testimony. So, saying to you, that those DOE standards apply—please—put that on the record if you're going to deny our application. I would love that to be on the record. In terms of the definition of community, I think Mr. Heaukulani is absolutely correct. The General Plan does not limit the definition of community to a couple of streets within rock throwing distance. It's much broader than that. I live in Kaumana. I'm part of the Kaumana community. I live up on Puhili in the old Wilder Subdivision. That's part of the community. So the question is, under the General Plan, what are you going to look at with respect to community. 23 4283 It is not those two streets. It's too limited.. He's trying to confuse your--that they're the only experts or appropriate testimony in this area. The major concern that I want to point out before I close today is we're only asking that you hold us to the same standard that any other person or organization comes through with respect to their particular program—Mr, Fuke's other clients, anybody else's other clients that come through to present testimony,hold us to that same standard. Are you requiring any other developer to come in and say we—this is the exact plant down to the stone. This is the exact water usage down to the last quart before you approve this, before you approve an application. Because if you're not holding us to the same standard, that's on you. That's not on us. So, in conclusion, we're asking that you reject the hearings officer's decision. There's a lack of evidence to support her speculative conclusions; she misinterprets the preponderance of evidence; misapplies some of the standards that are applicable. We're asking you to approve our application. Thank you, Mr. Chairman and Members of the Commission. GONZALES: Thank you, Mr. Hong. Okay,for our Commissioners, we have a couple other people that we haven't had a chance to talk to, if any of you are interested. Would anybody like to talk to Ms. Self regarding her written exceptions to the hearings officer's findings. Okay, and we actually have Ms. Song here today. None of us were included in the contested case hearing. Would anybody like to speak to Ms. Song? ONO: Mr. Chair, is it proper for me to ask Ms. Song if she has any comments about Mr. Hong's comments? GONZALES: Good question. Would you like to ask her? ONO: I would appreciate it. HONG: Mr. Chair, may I? I'm going to just for the record, I'm going to object, you permitted oral argument. There's no provision in the rule allowed for the hearings officer to either supplement her Findings of Fact, Conclusions of Law or amend them. 1 think this is going beyond the rules so just for the record, my client objects. GONZALES: Noted. Okay, no questions for Ms. Song. Commissioners, if we're going into executive session, I think now would be the time. Oh wait, I'm sorry,hold that thought. MASUNAGA: I just wanted to make a comment regarding the notice HRS 91-9 that Mr. Hong had mentioned. We—the Planning Department did give notice to the applicant, and it was by letter dated April 7, 2014. He was notified that regarding this tmk,regarding the request to develop a K through 12 charter school campus with dorm facilities and related uses, and this was the applicant, Connections New Century Public Charter School and Community Based Education Support Services. And, the letter, in part, did inform him that it was scheduled for a public hearing by the Windward Planning Commission beginning 10 a.m. on Thursday, May V, 2014, at the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii, and that there would be comment of the application at the hearing, and any written comments prior to the hearing. So, and, it was signed by the Planning Director, Duane Kanuha. 24 4284 And then they had also, if you had any questions regarding this notice that they were supposed to contact Jeff Darrow at the Planning Department, 961-8158. So,we do have a copy of that in our file, and I just wanted to let the public and the Commissioners know about that. Thank you. GONZALES: Okay. If we're going into executive session, now would be the time for the motion. ONO: So moved. GONZALES: A second on that? ISHIBASHI: Second. GONZALES: Commission to go into executive session. Motion by Commissioner Ono seconded by Commissioner Ishibashi. All in favor? COMMISSIONERS: Aye. GONZALES: Anybody opposed? Reason for executive session, to consult with our Corporation Counsel on,pursuant to Hawaii Revised Section 92-5(a)(4) to consult with Deputy Corporation Counsel of issues pertaining to the Commission's powers, duties, privileges, immunities, and liabilities. All in favor. COMMISSIONERS: Aye. GONZALES: Any objections? Okay, thank you. Now we're going to have to clear the room and take out any recording devices with you. Thank you. At 12:20 p.m., it was moved by Commissioner Ono and seconded by Commissioner Ishibashi that the Commission go into executive session to consult with its attorney regarding questions and issues pertaining to the Commission's powers, duties, privileges, immunities, and liabilities, pursuant to Hawai'i Revised Statutes Section 92-5. A voice vote was taken ofall Commissioners present, and motion carried with.five aye votes. At 12:23 p.m. the Commission went into executive session. At 1:I3 p.m., it was moved by Commissioner Ishibashi and seconded by Commissioner Moses that the Commission go out of executive session. A voice vote was taken of all Commissioners present, and motion carried with .five aye votes. The meeting was reconvened for regular session at 1:16 p.m. GONZALES: Okay, the Windward Planning Commission is out of executive session, and we're going to continue with our meeting. Right now, I'm going to ask my fellow Commissioners. I need a motion to take care of a little housekeeping issue. HEAUKULANI: Mr. Chair, you're talking about the--taking care of the record? 25 4285 GONZALES: Yes, please. HEAUKULANI: Yeah, I think we do need to do some housekeeping. There's been quite a bit of testimony, evidence, and the record of the proceedings below. That's all gotta be part of the record so my motion would be to make part of this proceeding, the evidence, both documents and testimonial, a part of the record of this proceeding. ISHIBASHI: Second. GONZALES: Any discussion Commissioners about that? Let's take a roll call on that one, Jeff. DARROW: With that, we'll take the roll call, Commissioner Heaukulani? HEAUKULANI: Aye. DARROW: Commissioner lshibashi? ISHIBASHI: Aye. DARROW: Commissioner Moses? MOSES: Aye. DARROW: Commissioner Ono? ONO: Aye. DARROW: And Mr. Chairman, GONZALES: Aye. DARROW: The motion passes five to zero. GONZALES: Okay, now I'm going to ask for my fellow Commissioners if somebody can give me a motion whether to approve or deny, and from there, we're going to take it into discussion amongst ourselves, I believe. And, this may take a minute or two for everybody to get in order so bear with us. ISHIBASHI: Brother Chair, GONZALES: Yes sir, Mr. Ishibashi. ISHIBASHI: I would like to make a motion in regards to this—to uphold our hearings officer's recommendation and submit a denial to the Land Board. I make that motion, 26 42 i GONZALES: Motion to deny. Do I have a second? ONO: Second. GONZALES: A motion to deny by Commissioner Ishibashi, second by Commissioner Ono. Okay, Commissioners, discussion. Here's our—here's, if you have something to say, to address anyone, to address each other, this is our chance. 1SHIBASHI: Brother Chair. GONZALES: Mr. Ishibashi. ISHIBASHI: Thank you. Very contentious issue so I just make a couple, couple comments. The glory of God is the intelligence of man. Educating our students was never an issue on this. We all agree on that so that's the common ground on, on this permit here. I hope as we move on after this that we can mend the fences. There's a lot of accusations going on between both sides, and I still don't think it's gonna end any time soon, but 1 think that the corrections has to be made, so I agree with our hearing officer's findings. We decided to go out and hire a hearings officer to make the decision and investigation for us as a commission. And, I will stand by her, her decision, based on what is written. I'm concerned with the wastewater. The septic system, and going into the Caves, and all of that is unclear. And we had insufficient supply of water for the students and faculty. That's very important. That issue I had was on the traffic, too, so---and again, if it's---the report is good enough for us, but not good for the Land Board, then we gotta update that traffic studies also. So, I agree with the hearings officer's findings on this. GONZALES: Thank you, Chairman Ishibashi. Any other discussion? I'd like to say a couple things. I----this is hard for all of us. Educating our children is a big job, and we appreciate it. My son actually graduated from a charter school, and if it wasn't for that charter school, he probably wouldn't have turned out like he did. He turned our pretty good. So, it's hard either way. 1 mean, we have a community here that feels impacted,we have children that need to be taught. I just hope however this turns out, in the end, we can all work together and come up with you know, a solution where our community is happy, our children get taught. You're all good people. All of you. HEAUKULANI: I start getting uncomfortable when we start getting away from the four corners of our governing documents. The question for me in this proceeding was whether the proposed use is an unusual and reasonable use of the land situated within the Agricultural District. The idea that it's unusual isn't disputed. I guess so, when I get down to it,my real issue was whether this is a reasonable use. And not reasonable use of Kaumana land or not reasonable use of South Hilo land, but reasonable use of land in the Agricultural District. 1 start getting concerned when we start adding to that phrase, and when we start making that definition mean that proposed use has to or has to not specifically service the needs of the immediate community. I am very troubled by that though reasonable minds can differ on this so 1 just think we need to be aware of the slippery slope when we start adding to our governing rules and statutory parameters. 27 4287 Oft GONZALES: Any other discussion, Commissioners? Okay, Mr. Darrow. DARROW: Thank you, Mr. Chairman. Just to clarify the motion. The motion is to accept the hearing officer's report and to deny the Special Permit request. Correct? ISHIBASHI: Correct. DARROW: With that, we'll take the roll call. Commissioner Ishibashi? ISHIBASHI: Aye. DARROW: Commissioner Ono? ONO: Aye. DARROW: Commissioner Heaukulani? HEAUKULANI: No. DARROW: Commissioner Moses? MOSES: Aye. DARROW: And Afr. Chairman. GONZALES: Aye. DARROW: The motion passes four to one. GONZALES: Thank you. The discussion ended at 1 :24 p.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 28 4288 RECORD OF VOTING WINDWARD PLANNING COMMISSION COUNTY OF HAWAII DATE: / APPLICANT: ACTIO • MOVED 00 �-�'� SECOND �� i���A-- O APPROVE AS RECOMMENDED BY PLANNING DIRECTOR O APPROVE WITH AMENDMENTS O DENY O CONTINUE/DEFER OTHERIR MARKS 1 �i �'`. -� • COMMISSIONERS: AYE NO EXCUSED ABSTAIN ABSENT HEAUKULANI,Charles M. HEN KEL,Gregory ISHIBASHI, Wallace MIYASATO,Myles MOSES, Raylene ONO, Stephen GONZALES, Ronald i SCANNED liv: 4289 RECORD OF VOTING WINDWARD PLANNING COMMISSION COUNTY OF HAWAII DATE: APPLICANT: 6-:jJ l ACTION: MOVED SECOND O APPROVE AS RECOMMENDED BY PLANNING DIRECTOR ,t O APPROVE WITH AMENDMENTS O DENY * O CONTINUEIDEFER �l 3 OTHER/REMARKS 2 �2-4�V COMMISSIONERS: AYE NO EXCUSED ABSTAIN ABSENT HEAUKULANI, Charles M. HENKEL,Gregory ISHIBASHI,Wallace MIYASATO,Myles MOSES, Raylene i ONO, Stephen j GONZALES,Ronald , My By, 4290 RECORD OF VOTING WINDWARD PLANNING COMMISSION COUNTY OF HAWAII DATE: APPLICANT: JSECOND ACTIN: MOVE)� � �} J..�?ti. O APPROVE AS RECOMMENDED BY PLANNING DIRECTOR O APPROVE WITH AMENDMENTS O DENY O CONTINUE/DEFER C� OTHER/REMARKS E '- &L� o*__�cc l ire' LC �r4 �S �rA � u/'V")C � L r COMMISSIONERS: AYE NO EXCUSED ABSTAIN ABSENT HEAUKULANI,Charles M. Vi HENKEL,Gregory ISHIBASHI, Wallace vif MIYASATO,Myles MOSES, Raylene ONO, Stephen ' GONZALES, Ronald j SCANNED Mkv _ � ,� � 4291 RECORD OF VOTING WINDWARD PLANNING COMMISSION COUNTY OF HAWAII DATE: 1 I 'P APPLICANT. ��i' 4Y�j Lr �h �'Y �r L �wtrr -/ C�urrl ACTION: MOVED I S l2�1�A�' SECOND Oro t) O APPROVE AS RECOMMENDED BY PLANNING DIRECTOR O APPROVE WITH AMENDMENTS O DENY O CONTINUEIDEFER 0OTHER/REMARKS f 14 6 L j ti 6� op'- C62 COMMISSIONERS: AVE NO EXCUSED ABSTAIN ABSENT HEAUKULANI,Charles M. HENKEL,Gregory _ iou, ISHIBASHI,Wallace , MIYASATO,Myles MOSES, Raylene ONO, Stephen CANZALES, Ronald C .f r i 4292 �r or �A County of RawaH CER' I IED IMAIL WU4D ARD PLXNNnG C04NUSSION 7011 1 470 00101 5772 8501 Anpuni Center , 101 Pauehi Street,Suite 3 ■ Hilo,1-lawai'i 96720 Phone(808)961-8288 • Fax(808)961-8742 May 1,2014 Ted H. S. Hong, Esq. P.O. Box 4217 Hilo,Hl 96720 Dear Mr. l-Iong: Special Permit Application (SPI' Applicant: Connections Nes% C't- 1. ,r� ;'I.',; _ C h�u-c: c u� 1 a.nd Conrnuni(N Based Education Support Sen ices Request: To Develop a K to 12 Charter Sc�ooi Can- -m1 �N' h Dorm facilities, Intergenerational Programs. a SuStai!iahse .hI;'; .',cogram and a ForestrylCorservation ''-ugralil Tax Map KeN_2-5_006:_ _-- The Windv4l, _ • 1�. : , c Imo ..,, 1, t;aN 1. 20 14. vested to uphold the Hearings Office:-'s repu)n 1[. -o_ o z vr, -'C.' Speciai Permit application to develop a K to '2 c'—- -i'sc::oo7. c< 1,,- • "W"', 'I t.: '. es a i{; re'med ,Ises c)n approximately 70 acres of land situated ::: :: e S ;�,c a t , s_ {, Ys -, i'C onelt) i5 located on both the southwest and northeast s: cs o,•:.c, S .. :. .-Ia -a ')riv-c and adjoining the Pacific Plantatio- �. - .'si ,. CI ,. Therefore. SpeckaJ ?c!- �-lould 1;?L .1i ' i_, ofkl c 1'falltzIng i)eparlmerl at ($,]$r =6 Sincercl`, Ronald co'l.Lt ?5. : a1 cc: ,.,7t I ,,, .. I _1 {.._ _ ti_ SCANNED [ Hcrwnr'i Crninry is an Equal Opportunit},Provider and Emplover ` � 4293 Postal Service. CERTIFIEDMAIL . RECEIPT C3 a Lr? - 4] nrL� . .. j. �U 13 Fmrwm ED Prawr.d► 171- Ln Total P�a�.... r9 rq rq + TED H S HONG ESQ PO BOX 4217 HH O HI 96720 i ■ Complete Items 1,2,and 3.Also complete Item 4 If Restrtcted Delivery Is deslred. ❑Age ■ Print your name and address on the reverse { `int❑l Addressee so that we can n3tum the card to you. S. R ( J C ■ Attach this card to the back of the mallplece, \ or on the front If space permits. D. D. Is delMary address diffarsrrt tn4c item 1? ❑Yes 1- Article Addressed to; If YES,enter dellvM address b w: ❑No TED U S HONG ESQ PO i30X 4217 3._Pce Type EELO HI 96720 Certified Mail ❑ EVrsss Mall ❑ Regletensd ❑ Return Recelpt for Merchandlse ❑Insured Mall ❑C.O.D. 4. Restricted Dellveryl(Doha Fee) ❑Yes 2. Article Number 7011 1570 0001 5772 8501 (rtan w rrnm sawke law _ Ps Form 3811,February 2004 Domestic Rehm Receipt 102595.021640 4294 U.S. P03101 Service 9 CERTIFIED MAIL-- RECEIPT rn .. ru FI ' I _ USE P- Pte. 3 cm t�'� --? . 7Cr fti � tt7 TEAM PbOL e#V," CARTER SIU ESQ OFFICE OF THE ATTY GEN a 235 S BERETANI ST RM 304 -6a HONOLULU HI 96813 SENDER:COMPLETE THIS SECTION ■ t Complete hams 1,2,and 3.Also complete A. St natu Item 4 If Restricted Delivery is desired, 'O Agent ■ Prtnt your name and address on the reverse x ❑Addressee so that we can return the card to you. B. eivad by(P inled Name} C. D to of�lD Jiy:ry ■ Attach this card to the back of the mailpiece, �.1 or on the front If space permits. D. Is del"rvery address ditierent-tom Itc 13 Yes 1_ Article Addressed to: If YES,eater delivery address beloy ❑No CARTER SIU ESQ OFFICE OF THE ATTY GEN '7-t 235 S BERETAIN11 ST RM 304 — HONOLULU HI W13 3ice7ype Certlned Mall ❑bxpresa Medi. . Reglatared ❑2olum Reo9WOor Merchandise ❑ Insured Mall ❑C.O.Q. 4. Resf acted Delivery?(Extra Feel ❑Yes 2_ Article Number (Tiartsfer hDm seMcs label} 7011 1570 0001 5772 8 518 PS form 3811,February 2004 Domestic Return Receipt toz�sso2*,5ao 4295 Postal CERTIFIED i ■ foommildr Mad # Ln _. I.mLoLy. m Ceelilmd FCL , r m F-Fiddenrrn4 Rea� C/ Qy�/ �gp�:yyFe-- Ji ElCo 0 ;OW Pou�Oi IL F. �. i w Ln -5ml lZI 1 u MR JEFF GOMES 0 281 EDITH ST r- HILO HI 96720 4296 I Q w ❑ �' ►.r M 7 Idr�- I �••I.r; _ W Q � O 3 lu y N 3a b a; m i p �E ro r L� fo O r r r. c 42 Hata-Finley, Sarah From: Arai, Daryn Sent: Monday, May 19, 2014 3:34 PM To: Ted Hong; Carter.K.Siu@hawaii.gov; Self,Amy;jell gomes Cc: Masunaga, Margaret; Ferreira, Cathy; Kanuha, Duane; Hata-Finley, Sarah; Darrow,Jeff Subject: RE: Windward Planning Commission's Findings of Fact, Conclusion of Law, Decision and Order re: Connections New Century Public Charter SCh00l/CBESS SPP 12-000138 My apologies, forgot to mention that a hardcopy is in the mail to all the parties. Daryn Daryn S. Arai County of Hawaii Planning Department Aupunl Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (808) 961-8142 Fax: (808) 961-8742 email: daraiaco.hawaii.hL,us "Nawai'i County is an equal opportunity provider and employer" From: Arai, Daryn Sent; Monday, May 19, 2014 3;25 PM To: 'Ted Hong'; 'Carter,K.Siu@hawaii,gov'; Self, Amy; 'jeff gomes' Cc: Masunaga, Margaret; Ferreira, Cathy; Kanuha, Duane; Hata-Finley, Sarah; Darrow, Jeff Subject: Windward Planning Commission's Findings of Fact, Conclusion of Law, Decision and Order re: Connections New Century Public Charter SchoaVCBFSS SPP 12-000138 Good afternoon, everyone. Please find attached the Windward Planning Commission's FOF,COL& D&O regarding the above-described matter. Please let me know if you have any questions. Daryn Daryn S. Arai County of Hawaii Planning Department Aupunl Center 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (808) 961-8142 Fax: (808) 961-8742 email: daraiCaco.hawa�i.h, us "Hawai'i County is an equal opportunity provider and employer" 1 J 4298 ��•• +r�sa r C � n { i ru +; M... o Ln L- CM tj oNe !� � o �i 4.0 C3 � tvm w oH � LLJ � o Ir Ln 4299 County of Hawaii Planning Commission 101 Pauahi Street, Suite 3 Hilo,Hawai'i 96720-4224 Telephone: (808) 961-8288 Facsimile: (808) 961-8742 BEFORE THE COUNTY OF HAWAII PLANNING COMMISSION In the Matter of SPP No. 12-000138 CONNECTIONS NEW CENTURY PUBLIC COUNTY OF HAWAII WINDWARD CHARTER SCHOOL AND COMMUNITY PLANNING COMMISSION'S BASED EDUCATION SUPPORT FINDINGS OF FACT, CONCLUSIONS OF SERVICES LAW AND DECISION AND ORDER; CERTIFICATE OF SERVICE Application for Special Permit Application No. 12-000138 Argument and Decision: Date: 511114 TMK: (3)2-5-006-141; Kaumana, South Location: Aupunj Center, Hilo, Hawaii Hilo, Hawaii COUNTY OF HAWAII WINDWARD PLANNING COMMISSION'S FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER The County of Hawaii, Planning Commission submits its Findings of Fact, Conclusions of Law and Decision acid Order pursuant to the request of the Windward Planning Commission of the County of Hawaii at its May 1, 2014,meeting in Hilo, Hawaii. Present before the Commission were Ted H. S. Hong, counsel for Applicant Community Based Education Support Services; Carter K. Siu, Deputy Attorney General, for Applicant Connections New Century Public Charter School (hereinafter collectively referred to herein as "Connections"); Amy G. Self, Deputy Corporation Counsel, for County of Hawaii Planning Director (herein as "Director"); Jeffery K. Gomes (herein as "Gomes"), Intervenor,Pro Se; and Sandra Pechter Song, the Hearing Officer(herein as "Hearing Officer"). The contested case hearings by the 1 4300 Hearing Officer were held on October 21, and 22, 2013,November 12, 2013, January 8 and 22, 2014. FINDINGS OF FACT 1. Procedural Back ound 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, Kukilau 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 Hawai`i 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 9, 2012 [sic],December 6, 2012 and January 10, 2013. At the hearing held on January 10, 2013,the Commission moved [sic] 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 Connections for a contested case on the subject application. Gomes submitted a petition to intervene in this matter on March 7, 2013, and the Commission admitted him as a party to the proceeding. 2 4301 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, the 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 to 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, Il. 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 elder 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, library/resource 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 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. 3 4302 13. Connections anticipates that 50%of the student population will come from the Hilo area and 50111a 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 the 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 lb 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 50-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 TIAR found that the current levet of service or LOS operates as LOS "A" or"B", meaning that the traffic service is uncongested. The TIAR 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 4 4303 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 TIAR 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 50 gpd per student standard, 4,200 gallons of County water could only support 70 students. At full build-out the entire Development would require 25,100 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 requirements of the State of Hawaii Department of Health (hereinafter"DOH"). Connections prefers installing an eco logical/biological wastewater system called the"Living Machine." 5 4304 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. Drainay,e 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 Hawai`i 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. III. 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-1 a,with properties further south being zoned A-20a and A-10a[sic]. 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]ands, and a small percentage of agricultural activity. 29. The soils on the Property are primarily composed of pdhoehoe lava flow. The State 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 6 4305 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 it 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 sFecies 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 4306 37. The County of Hawaii zoning for the Property is Agricultural with a minimum lot size of one acre (A-la). 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 countyplanning commission maypermit 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." 8 4307 41. Planning Commission Rule 6-7, provides, in pertinent part, that: "[t]he 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) 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 unreasmiably 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 Games 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. 9 4308 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 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 Hawai`i'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. State 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 high school for 107 students its first phase,when the potable water available would only allow for 70 students. 10 4309 51. As such, the proposed use may unreasonably burden the County Department of Water Supply to provide water to the Development. 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. 11 431( 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. 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 Blmcnt-P hg "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 suirounding 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 pei-rnitted 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 12 4311 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 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 Commission 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. ORDER Based upon the preceding Findings of Fact and Conclusions of Law, Special Permit Application SPP No. 12-000138 of Connections New Century Public Charter School and Community Based Education Support Services to develop a K to 12 charter school campus with 13 4312 dorm facilities and related uses on 70.15 acres situated within the State Land Use Agricultural District is hereby denied. Dated: Hilo, Hawaii,- ,v B Y RONALD GONZALES, Chairman Windward Planning Commission 14 4313 BEFORE THE COUNTY OF HAWAPI PLANNING COMMISSION 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: (3) 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 fol}owing 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. (tedRtedhonig6daw.com} P. O. Box 4217 Hilo, Hawai'i 96720 Attorney for Applicant Community Based Education Support Services Carter K. Siu, Esq. Carter.K.Siu awaii. ov Deputy Attorney General State of Hawaii 235 South Beretania Street, Room 304 Honolulu, Hawaii 96813 Attorney for Applicant Connections New Century Charter School Amy G. Self, Esq. (aself�a)co.hawaii.hi.us} Deputy Corporation Counsel 101 Aupuni Street, Suite 325 Hilo, Hawai'i 96720 Attorney for County of Hawai'i Planning Director 4314 Mr. Jeffrey K. Gomes (kalan o�mes(i.hawaiiantel.net) 281 Edita Street Hilo, Hawaii 96720 Intervenor pro se Mr. Duane Kanuha, Planning Director(planning@co.hawaii.hi.us) County of Hawaii Planning Department 10I Pauahi Street, Suite 3 Hilo, Hawaii 96720 Margaret Masunaga, Esq. (mkmasunaiza a@oo.hawaii.hi.us) Deputy Corporation Counsel 74-5044 Ane Keohokalole Highway Kailua-Kona, HI 96740 Attorney for County of Hawaii Planning Commission MAY I Dated: Hilo, Hawaii, R NALD G014ZA.LtSf, Chairman Windward Planning Commission 2 4315 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