HomeMy WebLinkAbout2004-10-22 TDOUTOR
The Planning Commission met in special session on DOUTOR COFFEE HAWAII CO., INC.
(SPP NO. 1215) at 4:31 p.m. in the County Building, Councilroom-Room 201, 25 Aupuni Street,
Hilo, Hawaii, with Chairman Fred Galdones presiding.
PRESENT:Fred Galdones ABSENT & EXCUSED:Bill Thibadeau
C. Kimo Alameda
Earl Fujikawa
William Graham
Jeffrey McCall
Ren° Siracusa
Hannah Springer
Francis Smith
Ivan Torigoe, Deputy Corporation Counsel
Christopher J. Yuen, Planning Director
Norman Hayashi, Planning Program Manager
PhyllisFujimoto,StaffPlanner
Jeff Darrow, Staff Planner
And 3 people from the public in attendance
APPLICANT: DOUTOR COFFEE HAWAII CO., INC. (SPP NO. 1215)
For discussion/executive session on the effect of and whether to appeal the Third Circuit Courts
September 23, 2004 decision entitled: Appellants Dean Yokoyama and Kulana Huli Honuas
Joint Findings of Fact, Conclusions of Law, and Order Granting Appellants Dean Yokoyama and
Kulana Huli Honuas Appeal from the County of Hawaii Planning Commissions Findings of
Fact; Conclusions of Law; and Decision and Order dated August 19, 2003, in SPP 02-010.
Special Permit No. 1215 allowed public tours of the existing coffee farm, proposed retail sales of
non-agricultural products, and related parking area on approximately 12 acres of a 28.47-lot
situated within the State Land Use Agricultural District. The property is located on the west
(makai) side of Mamalahoa Highway, approximately 300 feet south of the Keopu Cemetery,
nd
Hienaloli 2
, North Kona, Hawaii, TMK: 7-5-11: portion of 24.The purpose of the executive
session is to consult with Corporation Counsel on matters involving the Commissions powers,
duties, privileges, immunities and liabilities pursuant to Sections 92-4 and 92-5, HRS.
GALDONES:Okay. Commissioners, there was a Notice of a Special Meeting and
Hearingthatwassubmittedtous.Theagendaitem,theApplicantistheDoutorCoffeeHawaii
Co., Inc. (SPP No. 1215). This was for discussion and executive session on the effects of and
whethertoappealtheThirdCircuitCourtsSeptember23,2004decisionentitled:Appellants
Dean Yokoyama and Kulana Huli Honuas Joint Findings of Fact, Conclusions of Law and
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Order Granting Appellants Dean Yokoyama and Kulana Huli Honuas Appeal from the County
of Hawaii Planning Commissions Findings of Fact, Conclusions of Law and Decision and
Order dated August 19, 2003 in SPP 02-010. Special Permit No. 1215 allowed public tours of
the existing coffee farm, proposed retail sales of non-agricultural products and related parking
area on approximately 12 acres of a 28.47-lot situated within the State Land Use Agricultural
District. Norman, is there a synopsis to this?
HAYASHI:Well just defer to Corp. Counsel.
GALDONES:Counsel? Mr. Torigoe?
TORIGOE:Okay, thank you, Mr. Chairman. I just want to start up by orienting you
procedurally. This is not a continuation of the Contested Case that was concluded a while ago,
and this matter went to the Circuit Court. Youve received a copy of the Circuit Courts decision
datedSeptember23,2004(SEEEXHIBITA)and,so,allweretalkingabouttodayiswhether,
you know, if you want to discuss any of the effects of this decision and whether an appeal needs
to be filed on behalf of the Commission. I understand that Doutor Coffee intends to file an
appeal, I see Mr. Tsukazaki is here today. But, again, this is not a continuation of the Contested
Case. So, Mr. Tsukazaki, if hes going to speak would be just to speak to us as a matter of public
testimony, as well as, I assume the other parties as well.
So, you have the decision and if youre open to any questions regarding the effect of it, if you
want to go into executive session to discuss any of that, we can do that as well, which is probably
advisable if were going to be talking about whether to appeal the matter.
GALDONES:Mr. Torigoe, in reference to Mr. Tsukazakis letter that was submitted to
the Commissioners, how are we to handle this communication?
TORIGOE:I guess that would just be written testimony on this agenda item, so
receive it as public written testimony on this agenda item.
GALDONES:Do we -? Being that Mr. Tsukazaki is here, Ill allow him to explain the
letter that he has circulated to us?
TORIGOE:You can do that. And, again, its a matter of public testimony.
GALDONES:Okay. Commissioners, any question of Mr. Torigoe? Hearing none, in
reference to a letter from Mr. Tsukazaki, Mr. Tsukazaki, do you wish to make a statement on the
letter?
TSUKAZAKI:Yes. Ill try and be brief. Again, Ben Tsukazaki, representing Doutor
Coffee Hawaii.
GALDONES:Oh, Mr. Tsukazaki, could I swear you in first?
TSUKAZAKI:Sure.
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GALDONES:Do you swear or affirm to tell the truth on this matter now before the
Hawaii County Planning Commission?
TSUKAZAKI:Yes.
GALDONES:Name and address, please?
TSUKAZAKI:Ben Tsukazaki, my address is 142 Kapaa Street, Hilo, Hawaii.
GALDONES:You may proceed.
TSUKAZAKI:Thank you. Thanks, I wanted to just make a short statement before you
enter into executive session, if thats, in fact, what youll do; and I understand the scope of this
agendaitemisjust,youknow,whetheryoudecidetoappealthecourtdecisionornot.Inaletter
that Ive submitted today, I have requested that this body file an appeal. We believe that the
courts decision infringes upon this bodys jurisdiction and this bodys province, and I -. Ill stop
there because youve -. I hear from counsel that you all have a copy of the courts decision so I
dont want to go through it, unless you need an explanation from me as to why I feel the courts
decision is wrong.
GALDONES:Thank you, Mr. Tsukazaki. Commissioners, any questions of
Mr. Tsukazaki? If none, Elizabeth Strance?
STRANCE:Good afternoon and thank you for taking a time to -.
GALDONES:Before you begin your testimony, may I swear you in, please?
STRANCE:Certainly.
GALDONES:Raise your right hand. Do you swear or affirm to tell the truth on this
matter now before the Hawaii County Planning Commission?
STRANCE:I do.
GALDONES:Could you please state your name and your address?
STRANCE:Thank you. My name is Elizabeth Strance. My law firms address is 75-
165 Hualalai Road, Suite 201, Kailua-Kona, Hawaii 96740. Our office represents Kulana Huli
Honua in this matter. And Id like to note for the Planning Commission the presence of Mr.
Roy, who is here this afternoon, who is the president of that organization; and Im speaking on
behalf of that organization this afternoon.
We understand that youre going to go into executive session to address this matter but we did
want to place on the record our hope that you would not do so. We believe that Judge Ibarras
Decision and Order in this matter was very clear, that there were some deficiencies in the manner
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in which this case was handled; and that given some of the repercussions, that were addressed by
other parties but on behalf of my client, that there were some very significant cultural, Hawaiian
cultural issues relating to this property that were not addressed and that they are deficient, and
that the court properly noted that. I think that the courts decision is sufficiently narrow that we
believe that an appeal, a successful appeal is very unlikely and will simply postpone final
resolution and conclusion of this matter. And as a public policy matter, this body also kind of
wears two hats in some of these cases where youre a participant in the process but youre also
representatives and have a community obligation; and, that, my client is a participant in the
community organization and respectfully request and hopes that you will not appeal the decision
and that youll allow the matter to proceed. And thats really all I have today and thank you
again.
GALDONES:Thank you, Ms. Strance. Commissioners, any questions of
Ms. Strance? If not, thank you for your testimony. And at this time I would like to have the
PlanningCommissiongointoexecutivesession.Counsel,doweneedtohaveamotionto-?
TORIGOE:Yes,youneedtohaveamotionandarollcallvoteoftwo-thirdsofyour
entire membership.
GALDONES:A motion is in order. Commissioner Fujikawa?
FUJIKAWA:I make a motion to get into executive session.
GALDONES:To, for the purposes of discussing -?
FUJIKAWA:Discussing this appeal by the applicant.
SMITH:Second.
GALDONES:Moved by Commissioner Fujikawa and seconded by Commissioner Smith
that the County Council, not the County Council, excuse me, the Planning Commission, it has
been a long day, yeah, that the Planning Commission go into executive session to discuss the
effects and whether to appeal the Third Circuit Courts decision. Further discussion? Hearing
none, Norman?
HAYASHI:Commissioner Fujikawa?
FUJIKAWA:Aye.
HAYASHI:Commissioner Smith?
SMITH:Aye.
HAYASHI:Commissioner Springer?
SPRINGER:Yes.
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HAYASHI:Commissioner Alameda?
ALAMEDA:Aye.
HAYASHI:Commissioner Graham?
GRAHAM:Aye.
HAYASHI:Commissioner McCall?
MCCALL:Aye.
HAYASHI:Commissioner Siracusa?
SIRACUSA:Aye.
HAYASHI:Chair Galdones?
GALDONES:Aye.
HAYASHI:Motion carries.
GALDONES:Okay, thank you. Well be in executive session so I need to excuse the
public from the discussions. Thank you.
EXECUTIVEThe Commission went into executive session at this time,
SESSION4:40 p.m. The Commission came out of executive session
at 5:02 p.m. by a motion made by Commissioner Springer,
seconded by Commissioner Smith, and unanimously carried by a voice vote of all
Commissioners in attendance.
GALDONES:The Hawaii County Planning Commission will be back in order in the
matter of the Applicant, Doutor Coffee Hawaii Co., Inc. (SPP No. 1215) regarding the effects of
and whether to appeal the Third Circuit Courts September 23, 2004 decision. Commissioner
Springer?
SPRINGER:Mr. Chair, I move that the Hawaii County Planning Commission direct
Mr. Torigoe to exercise his discretion to join in as an Appellee or a nominal party in this matter
to take positions protecting the Hawaii County Planning Commissions decision and authority.
MCCALL:Second.
GALDONES:It has been moved by Commissioner Springer and seconded by
CommissionMcCall.Discussion?Hearingnone,Norman?
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HAYASHI:Commissioner Springer?
SPRINGER:Yes.
HAYASHI:Commissioner McCall?
MCCALL:Aye.
HAYASHI:Commissioner Siracusa?
SIRACUSA:Aye.
HAYASHI:Commissioner Smith?
SMITH:Aye.
HAYASHI:CommissionerAlameda?
ALAMEDA:Aye.
HAYASHI:CommissionerFujikawa?
FUJIKAWA:Aye.
HAYASHI:Commissioner Graham?
GRAHAM:Aye.
HAYASHI:Chair Galdones?
GALDONES:Aye.
HAYASHI:Mr. Chair, motion carries.
GALDONES:Thank you, Norman.
The discussion ended at 5:05 p.m.
A T T E S T:Respectfully submitted,
Fred Galdones, ChairmanSharon M. Nomura, Secretary
Planning Commission
HawaiiCountyisanEqualOpportunityProviderandEmployer
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