Loading...
HomeMy WebLinkAbout2005-10-07 TOSHIRO PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT OCTOBER 7, 2005 A regularly advertised hearing on the application of JANICE OSHIRO (REZ 05-016) was called to order at 9:35 a.m. in the County Building, Councilroom ƒ Room 201, 25 Aupuni Street, Hilo, Hawaii, with Chairman Fred Galdones presiding: PRESENT:Fred Galdones ABSENT & EXCUSED: Jeffrey McCall C. Kimo Alameda Allen Salavea William Graham Andrew Iwashita Rodney Watanabe Rene€ Siracusa HannahSpringer IvanTorigoe,DeputyCorporationCounsel(Leftat10:26a.m.) Diane Noda, Deputy Corporation Counsel (From 10:26 a.m.) Christopher Yuen, Planning Director (Left at 10:26 a.m.) Roy Takemoto, Deputy Planning Director (From 10:26 a.m.) Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner And four people from the public in attendance. APPLICANT: JANICE OSHIRO (REZ 05-016) Change of Zone for 28,002 square feet of land from a Single Family Residential ƒ 10,000 square foot (RS-10) to a General Commercial ƒ 10,000 square foot (CG-10) district. The property is located along the east side of Kilauea Avenue and approximately 120 feet north of the Kilauea Avenue ƒ Lanikaula Street intersection, Waiakea, South Hilo, Hawaii, TMK: 2-2-28:30, 32 and 33. GALDONES:Commissioners, we are on Agenda Item No. 2, applicant is JANICE OSHIRO (REZ 05-016). This is a Change of Zone for 28,002 square feet of land from a Single Family Residential ƒ 10,000 square foot (RS-10) to a General Commercial ƒ 10,000 square foot (CG-10) district. Jeff? DARROW:Thank you, Mr. Chairman. Good morning, Members of the Planning Commission. 1EXHIBIT A If I could direct your attention to the location map, this is in a similar area to our last application within the South Hilo District of Hawaii. More specifically it€s near the intersection of Kilauea and Lanikaula identified in a blue dot. You€ll be familiar with the area by -. This area here is identified as Tyke€s Laundromat; and on the corner we have our new Subway and different types of food services; and next door was an application that we had recently for a time extension on a change of zone in which they€re constructing an office building. You€ll be able to see the construction from the pictures that are being passed around. The applicant in this case, Janice Oshiro, is requesting a change of zone from Single-Family Residential ƒ 10,000 square feet to General Commercial ƒ 10,000 square feet. If I can direct your attention to the site plan submitted by the applicant, this application is for three separate parcels. We have Lot A which is identified as Parcel 30, it has an existing single family dwelling; Parcel 32 identified as Lot B also has a separate existing residential structure; and then Lot 33 which is identified as this roadway lot that connects the access to Kilauea Avenue. The applicantisproposingto,atthistime,keeptheexistingstructuresandtousethemasoffices.In the future, the applicant is proposing possibly to demolish the existing structures and to create a new building for office space. The Planning Department has received one letter of support from Bruce A. Hansen of Concept Development. The Planning Director is recommending that a favorable recommendation be forwarded to the Hawaii County Council from the Planning Commission. Are there any questions? GALDONES:Commissioners, any questions of Jeff? WATANABE:I -. SIRACUSA:Yes. GALDONES:Commissioner Watanabe. WATANABE:Sorry. I realize that the nine parking stalls that are being required, I guess, are the bare minimum, yeah, by County standards. My only question would be do you think that would be sufficient for two separate businesses? DARROW:In our conditions that are being proposed to the Council, there is a condition for plan approval. Through that review they will review the required amount of parking that will be required for the, so it may be nine, it may be more parking spaces at that time. WATANABE:The only reason I brought that up is cause it seemed like the applicant indicated that there was sufficient area to provide for more parking. DARROW:There are pictures coming around. This whole area here is clear on the property, so, there is quite a bit of area for additional parking if needed. If I could also interject, that brought up a good point. There was a question that came up from a comment letter from the 2EXHIBIT A Department of Public Works that this particular parcel, quite a bit of it is located in the Flood Zone AE; and at this time the applicant is proposing to conduct the business within the existing structure so there may not be any changes at this point. But in the future if they do do new construction, they will have to comply with Chapter 27 of the Hawaii County Code for those construction. GALDONES:Thank you, Jeff. Commissioner Siracusa. SIRACUSA:Thank you. I noticed while we have these two existing single family dwellings, I€m wondering, Jeff, if you could tell us in what condition are these buildings and are they currently tenanted. DARROW:I was able to do a site visit and I€m not sure if the pictures have come your way -. SIRACUSA:Yes. But, of course, they don€t show the inside either and they€re not close-ups. DARROW:Yeah,Ididn€thaveachancetogoinside.Itappearedtomeatthesite visit that as far as the outside goes they look like they€re in pretty good shape. I mean they don€t look like they€re falling apart or dilapidated. It appeared that this particular dwelling was unoccupied. I didn€t see any outward signs of, you know, a tenant living within it. This rear structure appeared that there possibly was a tenant there. There was a truck in the garage and items around the house. ALAMEDA:Mr. Chair? GALDONES:Commissioner Alameda. ALAMEDA:Thanks, Chair. Jeff, I was wondering, you did mention that the applicant might come in the future or they might come back to the Department in the future if they change or once we make the recommendation and if they do grant the rezoning then it just kind of -. Cause I€m thinking about the parking again. If they change it and add more office spaces or how -. You know, I€m sure there€s a formula, like how many rooms for parking spaces, 1.5. But if they add more office spaces, what€s the overseeing body who will ensure that the parking will parallel that? DARROW:Whenever there is an addition to an existing structure or a new construction that is being proposed within this zoning, or within the new zoning, they will be required to come back to the Planning Department for plan approval. And, again, during that time of the review of the plans, they will be required based on what they€re proposing to be able to put in the amount of parking required. ALAMEDA:Okay, thank you. GALDONES:Further questions? Commissioner Graham. 3EXHIBIT A GRAHAM:I€d just like to make just a little concern comment for the Planning Director€s evaluation. I remember we had a very, I wouldn€t quite say contentious, but somewhat controversial one on the property right next door which was already zoned the way it is and they were just asking for a time extension; and the gist of the controversy was mostly about the flooding. But it really does represent just kind of an island in a sea of residential. And it doesn€t seem to me like the need for commercial is that great if the one island in the sea of residential sat around for so long it needed a time extension. So I don€t know if we have any neighbors to testify but I just kind of -. I know this is high density urban on the General Plan. I€m just wondering if we take this one that was grandfathered into as right next door to it and sort of, you know, spread the commercial around the whole residential area there, whether that€s something we should be concerned about that this time, cause I know the homeowners right behind all this were, you know, trying to protect the residential interests the best they could the last time around. GALDONES:Commissioner Graham, do you wish a response to your comment? GRAHAM:I just wondered if the Planning Director had any comment on what my concernswere. GALDONES:Mr.Yuen? YUEN: The only, I wouldn€t call the location an island. It€s more at the fringe of a spreading commercial area that has extended, that is gradually extending down Kilauea. And there is commercial, there are quite a bit of commercial in the area. This is just the edge of it. I€m not sure how far the high density goes in the General Plan. How far down Kilauea does it go? DARROW:Within the last amendment, prior to that, this was high density, this particular area was medium density; and within the last amendment this all expanded to high density. This remains open. YUEN:Okay. And as far as the other, what€s happening is that there is more interest in commercial, that€s why the other project got dusted off the shelf after being zoned from quite some time ago. GALDONES:Any further questions of Jeff? Commissioner Iwashita. IWASHITA:I€m going to plug the need to do, as soon as possible, the community development plan, again, for this and the entire island because, you know -. Again, the concerns that we have about how this creep is going, I think all of us in the community share that concern, and how, you know, our aina is going to look in 20 years. And I€d just like to share with the Commission a personal experience I had a couple of weeks ago after delivering my son to college in Washington State and stopping in a town called Leavenworth, Washington. I don€t know if any of the other Commissioners have been there. But Leavenworth, Washington, is to me a model of how a community development plan process can result in more idyllic kind of 4EXHIBIT A development of a community, because that community 40 years ago had to reinvent itself. It was on a total down hill and it basically put in these, after a year of working together as a community in a community development plan process came up with doing design, they had very strict design requirements and so forth for a Bavarian village. And today it€s, you know, over a million people a year visit Leavenworth, Washington, which is at minimum a two-hour drive from Seattle, and longer in the winter when it€s most popular, as opposed to driving through a town like Cle Lum, which is down by I-90 and it€s basically a strip mall town. It advertises on I-90, you know, come by Cle Lum. It€s easy access, yes, it has 40-, 50-foot wide road with basically strip mall kind of development on each side. And, to me, the distinction is very clear, you know, that we don€t want that, I don€t want that. And, you know, we keep going down this road that we€re going, you know, lot by lot. I don€t see any way to avoid it. So this is my plug for this meeting on getting the community development plan process rolling immediately or as soon as possible. We really should be spending the money there; and then, you know, all of these types of proposals on how development should occur in this and other parts of the island, I think, wouldbeaddressedspecificallybymorespecificlawsondevelopmentanddesign. SPRINGER:Mr.Chair? GALDONES:CommissionerSpringer? SPRINGER:Thankyou.IjustwonderifeithertheDirectororthestaffcouldcomment on Commissioner Iwashita€s comment and let us know where we are in the planning and calendar for those scoping meetings for the community planning. YUEN:Right now we have two major community development plan projects underway. One is North and South Kona. The other is Puna. For the rest of the island, we have what we€re calling a community readiness program, which is more an educational process. There€s a project for that. I can€t promise a timetable for the community development plans for the rest of the island. There€s limitations on how many things we can have cooking at any one time; and that€s my concern in committing that we€re going to move ahead with community development plans for the other parts of the island. I do think that we need one specifically for Hilo for the kinds of issues that Commissioner Iwashita is talking about because we have these broadbrushed General Plan designations which are not necessarily sensitive to neighborhoods on a street-by-street or block-by-block basis. GALDONES:Commissioner Siracusa. SIRACUSA:I would like to echo Commissioner Iwashita€s concerns. I look at that map and I don€t see that as an island, you know, as much as an intrusion into a residential area. And in order to get here for the meeting I drive along Kilauea Avenue coming from Puna; and I was noticing this morning how even though there are commercial, is commercial development along Kilauea there€s enough of a mix of the old homes, whether they€re zoned commercial or not and some of them are, and residences that make it a rather charming drive and give Hilo a lot of its ambiance. And to keep, you know, to open up a new block, oh, sure, across the street, yes, I can see that zoning there. But to open up a new block to that kind of development, it€s like a cancer cell spreading, you know. 5EXHIBIT A And at this point my feeling is that we need affordable housing more than we need office space. I see two potential single family dwellings which could eventually, possibly if she wanted to develop more, you know, do more in the way of multi-family dwellings perhaps. But I would rather see that than more commercial zoning here. So that€s what my feeling is about this. I just wanted to share that so you know where I€m coming from. GALDONES:Any further questions? YUEN:Can I ask a question. Isn€t the property that€s immediately adjacent to this on the Lanikaula Street side a professional building? DARROW:Correct. It was approved through a use permit. YUEN:Oh,Iwaswonderinghowthatwas-. DARROW:Ibelieveit€sinthebackground-. YUEN:Okay. SIRACUSA:That€swheremydentistis. GALDONES:Commissioner Alameda. ALAMEDA:I was going to say I€ll wait for the applicant and when we get into discussion to share a little bit more of, to pick up where Commissioner Siracusa left off. Cause I don€t think we heard the applicant yet. GALDONES:No, we have not. ALAMEDA:Okay. GALDONES:We€re just raising questions to staff. If there€s no further questions of Jeff -. DARROW:If I could interject. GALDONES:Jeff, you have a comment? DARROW:The reference is under the subheading, Surrounding Zoning and Land Uses. It referenced the Lanikaula Professional Center which was approved by Use Permit 124. GALDONES:Thank you, Jeff. Seeing no further questions of staff, will the applicant or her representative please come forward. Mr. Nishimura, you€re still under oath. Have you received a copy of the background report and the recommendations, and do you have any comments? 6EXHIBIT A NISHIMURA:Yes. We have received the background and recommendation and the applicant again has reviewed the proposed conditions and will be able to comply with them. If I may, I€d like to make one comment regarding the discussion you€ve had previously regarding the conversion from residential to commercial along Kilauea Avenue; and I€d like to point out that I believe the dwellings on the applicant€s property are the only remaining dwellings that exists on Kilauea Avenue extending from the Hilo Shopping Center to Lanikaula Street. The other yellow that you see on the Hilo Shopping Center side of the property is a church complex and is not in single family residential use. So if you look at the map, all of the properties that are fronting on Kilauea Avenue between Hilo Shopping Center and Lanikaula Street other than this particular property have been or are not in single family residential use at this time. GALDONES:Thank you. Commissioners, are there any questions of Mr. Nishimura? Mr.Yuen? YUEN:No.ButI€dliketojusttakeafive-minuterecessbeforewetakeactionon this. There€s something I need to discuss with staff. GALDONES:Okay. Do we have any further questions? Otherwise, I will entertain a recess. ALAMEDA:Quick question. I just wanted to ask the applicant if any community reaction to this particular development or proposed rezoning, did it come forward to Sidney or yourself? NISHIMURA:Not that I€m aware of. I believe that the only letter that has been received was from Concept Development. ALAMEDA:Okay. That€s all. GALDONES:Seeing that there€s no further questions, we€ll be in a five-minute recess. RECESSEDThe Chair called a short recess at 9:55 a.m. RECONVENEDThe meeting reconvened at 10:10 a.m. GALDONES:Will the Hawaii County Planning Commission be back in order. Prior to the recess Mr. Yuen was working on some agenda items, so I would like to call on Mr. Yuen. Proceed. YUEN:Yes, I€m sorry that I didn€t catch this in reviewingthis matter before it cametothePlanningCommission.Butjustalittlebitofbackground,wehavebeenputting conditions on that limit new construction in the AE, in the flood zones. And they go beyond the overallCountyordinance,that€sChapter27.Andtoexplainthereasonbehindthis,Chapter27 is an ordinance that was enacted that covers all property on the island, including property that 7EXHIBIT A may be already zoned for a particular use. So rather than prohibit construction in the flood zones entirely, Chapter 27 takes the approach of allowing construction if you build up. However, when you€re at a rezoning stage, when you€re increasing the potential density and use of the property, I feel that we should take greater precautions and that allowing more construction within the flood zones is just asking for trouble. So we have been putting a condition on rezonings that involve property that are in the flood zone and basically limiting that kind of construction. And the language that I proposed is similar to what we put in other ordinances that would say, and would recognize that you have additional structures that are, I mean, that you have existing structures and we€re not proposing, the change of use to office from the current residential use would not trigger any changes; and we don€t have a problem with them converting the existing residential structures to office use. But it would say that No additional structure shall be built in the AE zone or shaded Zone X Flood Zones. Such construction in the areas currently mapped in the AE or shaded X Flood Zones shall be allowed if the owner secures a letter of map revision.‚ Andtheletterofmaprevisionistheprocesswhereyougetthefloodzoneschangedeitherby showing that they were wrongly mapped in the first place and that you aren€t affected, or that you have done flood control measures so that you can take your property out of the flood zones. GALDONES:Mr. Yuen, where in the conditions would you like to place this? YUEN:That would be an addition to I. And I€ve talked to the applicant over the break and I understand that this is something new for them, and that Mr. Nishimura is substituting for the applicant€s normal representative, and that he will request a continuance because he needs to discuss this with the applicant. And I understand that and I€m sorry, again, for bringing this up at the last minute. NISHIMURA:Chris, can I get a clarification? YUEN:Yes. NISHIMURA:So the way you have worded this it would not apply to the proposed parking improvements that are being considered for converting the existing dwellings? YUEN:Right. Those would only be covered under the normal Chapter 27. It would only apply to new structures, not to a parking lot. Now there may be something that has to be done because of the parking lot under Chapter 27, but this condition would not apply specifically to a parking lot. It would only apply to new structures. NISHIMURA:And, secondly, this is, the proposed condition that you have just described, you€re indicating that this is a standard condition that you have imposed or recommended for inclusion in change of zone applications -? YUEN:Yes, affected by current AE or shaded Zone X flood maps. Yes, we have done this on a number of other rezonings. 8EXHIBIT A NISHIMURA:Based on that clarification, I don€t see a need to ask for a continuation. Because as I see the situation, you know, this kind of condition would have been imposed anyway for this requested change; and, you know, prolonging it to a next meeting would not change that situation. YUEN:Okay, thank you. GALDONES:Commissioners, are there questions of Mr. Nishimura? Commissioner Graham. GRAHAM:I just wanted to indicate to the other Commissioners and to the consultant that based on the Planning Department€s clarifications of adjoining properties as well as Mr. Nishimura€s clarification regarding the one property on the north side, I think I don€t have any objection to this rezoning. GALDONES:Further questions or comments? Commissioner Springer. SPRINGER:Just to comment that the discussion on the property adjacent that was the subjectofanotherapplicationbeforethisbodygeneratedagreatdealofdiscussionaroundthe floodplains; and I just thank the Director and the Department for this new and standard wording. GALDONES:Commissioner Iwashita. IWASHITA:Thank you. I guess my concern right now is not addressed to the flood effects on or, you know, dealing with that on this property, but because the adjoining property which is almost on the flood zone, but is being totally built out. And I guess my impression is that that project was approved before this new language was being -. Or maybe I should ask, is that development being done right now, has that project made any improvements to address the flooding on that property? Because my concern is if no provisions for, you know, flood mitigation was made on this larger property, which seems to me, then it might have an adverse impact on this adjoining property that we€re talking about. YUEN:All I can say is we did deal with it at considerable length in the prior application and there was -. Was there a letter of map revision to the adjoining property? DARROW:Yes. YUEN:So the map that we€re seeing here is not correct with respect to the adjoining property? DARROW:Correct. YUEN:Is this map correct with respect to this property? DARROW:Yes. This was provided from the Department of Public Works, Engineering Division, this particular map. When I spoke to Kelly Gomes, the representative 9EXHIBIT A from the Department of Public Works, he had mentioned that the letter of map revision that was done on the adjoining property was done specifically for the structure; and he felt that that was done differently than the normal way. But that was the way that their engineers had proceeded and it was approved for the footprint of the structure, and that they provided for the drainage measures to deal with the excess drainage. YUEN:Okay, the reason I ask is that normally they do change the whole panel, they change the whole map. And so there€s no changed map at all? DARROW:This is what he provided me. And I asked him specifically regarding that, and he said that that was his response. GALDONES:Commissioner Siracusa. SIRACUSA:Justanobservationthatthatcornerparcelwheretheprofessionalbuilding is, that€s where my dentist is, that€s a very low parcel. The driveway, you have to drive down into it. And it seems like if they were flooding, that one would really be at risk. And so I€m wondering about the effects. If anything was built here later, you know, like an office building after these structures were torn down, which is being contemplated obviously, if any construction there would make it even worse for this very low-lying professional building next door. Did the applicant submit an engineer€s study? (At this time, 10:26 a.m., Mr. Yuen was replaced by Mr. Takemoto and Mr. Torigoe was replaced by Ms. Noda.) DARROW:If I could refer to Exhibit E which identifies the flood zone. It appears that most of that parcel located on the corner is actually in Zone X. In regards to whether or not any engineered studies were done for the use permit, I€m not sure. SIRACUSA:Well, Condition H says that a drainage study shall be prepared by a licensed civil engineer. When these are done, just for my own information, would such a civil engineer be looking only at the property in question or at how the work on that property would affect neighboring properties? GALDONES:Mr. Takemoto, would you know? TAKEMOTO:When an engineer is looking at amending a flood map they look at the drainage basin that feeds into that floodway. So they have to go upstream. It€s a substantial study. SIRACUSA:So it would include the neighboring properties as well to some extent? TAKEMOTO:Oh, yeah, yeah. SIRACUSA:Okay, thank you, Roy. 10EXHIBIT A GALDONES:Further questions or comments? As Mr. Nishimura had indicated, in spite of the remarks by Mr. Yuen, Director Yuen, the applicant is ready to proceed. Okay, if there are no further questions of the applicant, is there anyone here from the public to testify on this subject matter? Seeing none, Commissioners, the Chair is prepared to entertain a motion. It comes with a favorable recommendation that it be forwarded to the County Council. ALAMEDA:Chair, I€m sorry. I was hoping for discussion first. GALDONES:Well, if there€s further discussion, the Chair is open for further discussion. ALAMEDA:Okay, this is my favorite part, that€s why. I just wanted to talk-story a little bit about just the idea that Commissioner Iwashita brought up and Commissioner Siracusa on the cumulative effect of this particular area. I know we had plenty of discussion the last time, youknow,withthatbigofficebuildingthatisnowunderconstructionrightnexttotheMorman Church; and we had a lot of testimony coming in about not just the flooding but the traffic and the congestion in that area. You know, with the Mormon Church and with that new building right next, there€s a lot of parking spaces in there. And I remember one particular testifier saying how the cars just zoom by, you know, and getting out in the morning it€s pretty tough; and with plenty rain in that area it floods up pretty quickly. So, you know, and we took that really to heart; and so we went, we did a site visit and kind of looked at that situation. And we came back, and we deliberated; and I think it was a real fruitful discussion. But this particular application, which is really interesting cause it€s right next, I€m surprised that we don€t have that kind of testimony. So I€m wondering if people in the community maybe they just feel disempowered or maybe feel their voices have not been heard. And I know we€ve got people from the downtown, kind of visionary, you know, and unfortunately this doesn€t include downtown yet so we cannot get that kind of feedback. But I€m just kind of concerned about that because I don€t see any testimony, and it seems like we€re just moving real quick into this whole rezoning kind of commercial development. So I just wanted to put it out there for the rest of the Commissioners to respond or give me your input. GALDONES:Commissioner Springer. SPRINGER:I had the same, I was interested in that same phenomenon that Commissioner Alameda brings to our attention, that there has been no community testimony on this matter although there was quite a bit previously; but that was the extent to my, you know, my deliberation on it, was that I found it interesting that no one did come forward. But, again, I am heartened that the County now includes a standard language to address this particular, was it the A&E conditions. GALDONES:Further discussion? Commissioner Graham. GRAHAM:While we€re all getting our memory back and trying to remember how it went last time and all, my sense was that the thrust of the community testimony last time really had to do primarily with the flooding issue, and probably this parcel is not such a concern for the 11EXHIBIT A adjoining residences as the one we looked at before, eventhough the other concerns are certainly there. Thank you. GALDONES:Commissioners? Commissioner Siracusa. SIRACUSA:Well, I€m still concerned about this creeping along zoning which is knocking out residences. And as long as we have such a housing problem I€m really concerned about taking two more units of housing out of the market when there is already no lack of office space. So I€m going to be voting against this. GALDONES:Further discussions? Seeing none the Chair is prepared to entertain a motion. Commissioner Watanabe. WATANABE:I move that a favorable recommendation be forwarded to the County CouncilontheapplicationforChangeofZoningDocketNo.REZ05-016inclusiveofthe amendments to Condition I regarding the buildout, the flooding. GALDONES:Do I hear a second? SPRINGER:Second. GALDONES:It has been moved by Commissioner Watanabe and seconded by Commissioner Springer that the application by Janice Oshiro Change of Zone Application REZ 05-016 as amended be given a favorable recommendation and be forwarded to the County Council along with the background report and recommendations. Further discussion? Commissioner Iwashita. IWASHITA:Thank you, Mr. Chair. I just wanted to re-emphasize the concern for what I will phrase as a lack of a process where this project could be included with the community development plan. And I appreciate the Director€s concern about the burdens on the Department to help, you know, facilitate and be part of such a process, because it would be a process that requires a lot of work. But, again, I have a lot of concern about that and that we don€t have the community development plan in place, nor do we have any real prospect that it€s going to take place soon, unless we can convince our Council to fund it immediately. And as to this particular project, I have great reservations about the creep that€s occurring and going to ask that I be asked to vote last. GALDONES:Any further discussion, Commissioners? There is a request by Commissioner Iwashita that he vote last; and the Chair will grant that wish. No further discussion, Jeff. DARROW:Thank you, Mr. Chair. Commissioner Watanabe? WATANABE:Aye. 12EXHIBIT A DARROW:Commissioner Springer? SPRINGER:Yes. DARROW:Commissioner Alameda? ALAMEDA:No. DARROW:Commissioner Graham? GRAHAM:Aye. DARROW:Commissioner Siracusa? SIRACUSA:Nay. DARROW:Mr.Chairman? GALDONES:Aye. DARROW:AndCommissionerIwashita? IWASHITA:Nay. DARROW:Mr. Chairman, the motion does not pass four to three. GALDONES:Thank you, Jeff. Mr. Nishimura, you will be informed of today€s action in writing. NISHIMURA:May I have a clarification? Without the four, I mean, excuse me, without five aye votes, actually there was no action that was taken, am I correct? HAYASHI:Yes, Mr. Chair. Since there was no action we€ll place this matter back on the next available agenda for further action by the Commission. GALDONES:Thank you, Norman. Mr. Nishimura? NISHIMURA:Thank you. The discussion ended at 10:36 a.m. Respectfully submitted, Sharon M. Nomura East Hawaii Secretary 13EXHIBIT A