Loading...
HomeMy WebLinkAbout2012-11-15 Leeward Exh E - DPW Laaloa LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT NOVEMBER 15, 2012 COUNTY OF HAWAI‘I DEPARTMENT A regularly advertised hearing on the application of OF PUBLIC WORKS (SMA 12-051) was called to order at 1:20 p.m. in the West Hawai‘i Civic Center, Community Center, Building G, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i, with Chair Geraldine Giffin presiding. COMMISSIONERS PRESENT: Geraldine Giffin, Lani Bowman, Brandi Beaudet, Thomas Hickcox, Richard Nelson, III and Thomas Whittemore (until 2:49 p.m.) ABSENT AND EXCUSED: Wayne Iokepa ALSO PRESENT: Ivan Torigoe (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Planner), Maija Cottle (Planner) and Noriko Sauer (Commission Secretary) And approximately 5 people from the public in attendance. APPLICANT: COUNTY OF HAWAI‘I DEPARTMENT OF PUBLIC WORKS (SMA 12-051) Application for a Special Management Area (SMA) Use Permit for the extension of La‘aloa Avenue as a two-lane, 60-foot wide collector roadway for approximately 1,900 feet to connect with Kuakini Highway (Alternative Alignment 3, Cross Section Alternative B), La‘aloa 1 and 2 and Pāhoehoe, North Kona, Hawai‘i, TMK: 7-7-004: 068, 7-7-008: 029, 114, 120 and 7-7-28: 007. GIFFIN: Commissioners, we are moving along to Agenda Item No. 5. The applicant is the County of Hawai‘i Department of Public Works, SMA 12-051. Daryn? ARAI: Thank you, Madam Chairwoman. Commissioners, you may recall that at your previous October 18, 2012, meeting on this particular agenda item, the Commission did consider the Planning Director’s recommendation that was distributed to you, as well as listen to testimony from the general public, as well as consider testimony in relation to a petition for a standing in a contested case proceeding that was presented by Mr. Eugene Clapp, and he was represented by his attorney, Randy Vitousek. At that particular meeting, after taking the testimony and considering the testimony presented by the intervenor, the Planning, Chairwoman Giffin, as the presiding officer, did continue the particular hearing on this matter to today in order to allow the Department of Public Works to submit within ten days prior to today’s meeting information regarding the Ali‘i Drive-La‘aloa intersection, any information regarding future roadway designs and comparison of the existing roadway improvements overlaid with the proposed improvements for the entire alignment of La‘aloa Avenue. Since that time, the Department of Public Works has met with the intervenor, or at least the intervenor’s attorney, along with the participation of the Planning Director. While information wasn’t provided to the Commission ten days prior to today’s meeting, as you instructed, there is a very good reason for that, and that reason is articulated in a letter dated November 14, 2012, from Roy Vitousek, Randy Vitousek, representing the petitioner, Onouli Farms, LLC, informing the Commission that they have reached a settlement, which has been 1 EXHIBIT E memorialized, and based on that, the intervenor is withdrawing their request for a contested case proceeding in this matter. So that basically brings you up to date. So currently we, there is no petition for intervention formally before you; that has been formally withdrawn. And at this point, if the Commission would desire, I could go into a presentation that I provided at the last meeting for the benefit of those Commissioners who were not in attendance at that meeting. GIFFIN: I would appreciate that, and I think they would as well. ARAI: Okay. If I may direct your attention to the presentation screen. We are looking at the area and vicinity of Keauhou. This being the proposed Ali‘i Highway, which is the broad white line running through the middle of your map, Ali‘i Drive is off to your left running along the coastline. And in this area here indicated by the RS-15 zoning is the, I’m sorry, off to your left of the proposed Ali‘i Highway is the Keauhou View Estates Subdivision, White Sands Subdivision here located closer to Ali‘i Drive, and this is the – and I just went blank, my apologies – this is a Towne Development project by which you see the existing alignment of La‘aloa running in a left to right direction in this location here. I believe this is Ali‘i Heights – it’s slowly coming back to me, my apologies. The existing alignment of La‘aloa Avenue, which is in this proximity here runs roughly 4,000 feet, and has been constructed and exists on the ground within the 60-foot wide right-of-way. This section of La‘aloa Street was built with the development of all these adjoining subdivisions, which follow along that alignment and which utilize that alignment for access. The scope of today’s request is really in this segment here that does not exist on the ground, and what that would accomplish is to provide connectivity between where La‘aloa currently terminates, extending to Kuakini Highway. Once that is accomplished, that will provide for interconnectivity between these major collectors, or connectors, from Ali‘i Drive all the way to Kuakini Highway. This is an aerial photo. Again, Ali‘i Heights Subdivision here, Keauhou View, White Sands. Ali‘i Drive is here along the coastline, and La‘aloa Avenue is in this vicinity here, if you follow my laser pointer, and it terminates in this proximity here. This is a depiction of the Kona Community Development Plan showing the proposed connector roads in this particular area. Ali‘i Drive is located here along the coastline, the green line here representing the proposed Ali‘i Highway, and this is Kuakini Highway, which then dives down toward Ali‘i Drive along Kam III Road. The project site is located in this vicinity here, and you can see where the roadway plan in the Community Development Plan shows the extension of La‘aloa to connect to Kuakini. This is the Concurrency Zone – and I’m sorry, without my glasses I can’t see that far, my apologies – but it is located in the concurrency area, and I believe it’s this brown- colored area here, which – I’m sorry, my apologies, I just can’t make it out. Again, the applicant is requesting an SMA use permit for the extension of La‘aloa Avenue as a two- lane roadway within a 60-foot wide right-of-way for approximately 1,900 feet to connect to Kuakini Highway. Currently there are no connector roadways mauka-makai that exist between Kuakini Highway and Ali‘i Drive for approximately 3.5 miles between Royal Poinciana to the north and King Kamehameha III Road to the south. The project will, if approved, provide a needed connector between Ali‘i Drive and Kuakini Highway and reduce traffic congestion in the area, serve as a major evacuation route, and finally, shorten travel distance for residents and visitors. The following is proposed to be constructed: two eleven-foot wide travel lanes; concrete curb, gutter and seven- foot wide sidewalks; eight-foot wide concrete curb median; bike lanes, both mauka and makai; four traffic calming speed tables, two mauka bound and two makai bound; drainage improvements, catch basins, drywells and other related improvements. Kuakini Highway intersection improvements will 2 EXHIBIT E include turning lanes with traffic signalization, and the entire alignment will be retrofitted, not retrofitted, but will be provided with street lighting. The project and its anticipated cost to be, proposed to be Alternative B Cross-Section, Alternative B, which has a cost of approximately 7.3 million dollars. By letter dated September 14 of this year, Public Works has stated that Ali‘i Drive intersection improvements, a roundabout, and improvements to the existing lower portion of La‘aloa Avenue, which are not included in this Phase 1 improvements that is currently before you, although those future improvements have been identified in the final environmental assessment that was prepared for the La‘aloa project. Again, this is a preliminary site plan. The Phase 1 improvements that is a subject of today’s permit request is in this vicinity here. And this is the existing section. We have representatives of Public Works here, and they can go into further detail, if there are any questions regarding improvements related to this makai section. And again, this map just shows some of the various alignments, or alternatives I should say, that were considered during the process to determine what would be the preferred alignment that now is before you. And again, this is a close-up showing more details regarding that alignment. This is a cross-section showing the proposed travel ways, sidewalks, curb, gutter, sidewalks, or curb, gutter, sidewalk improvements and bike lane improvements, as well as the green representing the center median. These are photographs showing the existing section of La‘aloa Avenue at its intersection with Ali‘i Drive, so we are looking mauka. We will then proceed along La‘aloa – I’m sorry, this is looking makai from La‘aloa at Ali‘i Drive. And at this point we’re now taking a nice drive along La‘aloa Avenue. So I’ll run through a series of photographs just to show you the existing condition of the existing travel way. Notice the pavement width. Also, make note of the shoulder improvements, as we move along. So again, this is further mauka, as you’re driving up. And this is through the older section; I believe this section is by Keauhou View. And you’ll notice where we lose some of the paved shoulder improvements along this section. And again, continuing on. And you can see how the shoulder treatments and the width of the roadway change, as you proceed up toward the newer sections of the developments that adjoin the alignment of La‘aloa Avenue. And there we have a speed hump. And I believe this section we are entering into Keauhou View, I mean, I’m sorry, Ali‘i Heights Subdivision. And you now know the transition into a paved swale shoulder. And we are getting to the end, so -. The Planning Director is recommending approval of this SMA use permit application subject to conditions of approval, which have been provided to you on the goldenrod copies. With that, I stand ready to answer any questions that you may have. GIFFIN: Commissioners, any questions of Daryn? Hearing none, will the applicant -. BOWMAN: I do. GIFFIN: Oh, I’m sorry. Lani -. BOWMAN: But maybe the applicant, sorry. Do you know about what the slope is on the 1,900, or should the applicant -? ARAI: I would refer to the applicant because it does transition significantly, as you go along the alignment. 3 EXHIBIT E BOWMAN: Okay, thank you. GIFFIN: Will the applicant please come forward? Okay, Brandon, are you all by yourself? GONZALEZ: Good afternoon. I do have other people with me. I can identify them for you, Chair Giffin. GIFFIN: Good. Good, but could you please raise your right hand? GONZALEZ: Absolutely. GIFFIN: Thank you. Do you swear or affirm to tell the truth on this matter now before the Leeward Hawai‘i County Planning Commission? GONZALEZ: I do. GIFFIN: Thank you, Brandon. GONZALEZ: My name is Brandon Gonzalez, Deputy Director, Department of Public Works. Within the audience I notice some public testifiers from the previous meeting, also my boss, Mr. Warren Lee, Director of Public Works. Behind me to my right is Ryan Kanaka‘ole, Deputy Corporation Counsel; he may have some housekeeping matters later to address. And behind me to my left is Keone, Alan Keone Thompson; he’s the civil engineer, County engineer that has been working on this project. GIFFIN: Thank you. GONZALEZ: Commissioner Bowman, would you like to pose your question to me now, the same question, the slope? At its most, my understanding is it’s 14 percent. BOWMAN: Fourteen, okay, thank you. GONZALEZ: Okay, so I apologize for not getting items to you ten days prior. There were discussions going up until yesterday. I will go through a brief presentation; a lot of it has already covered by Mr. Arai. This is a proposed project for La‘aloa Avenue extension. Our application before you focuses on this northern portion, or this mauka portion here, 1,900 feet where we propose to finally punch the road through and connect it to Kuakini Highway. Phase 2 would encompass this lower portion near Ali‘i Drive intersection. Our application pending before you focuses on constructing 1,900 lineal feet of a two-lane roadway. Per stage requirements, there will be an installation of a signalized intersection here on Kuakini Highway. Along Kuakini Highway we will be doing approximately 1,500 lineal feet of roadway improvements as well for acceleration and deceleration lanes – I have a slide on that a little bit later. To accomplish this has been work in progress for a few years, to be nice, and we recently had to acquire acquisition for road right-of- way. Why are we building the road? In a nutshell it’s to benefit the public, and improve quality of life and public safety; to summarize we are going to be improving emergency evacuation options for people on the coastline. It was said that within the 3.5 miles there are only two roadways going makai to mauka, so this will provide a need in the gap area. It will provide route choices. It will help improve traffic circulation, and thereby reduce traffic congestion along Ali‘i Drive and in the region. As stated previously, residents in the area or visitors will have options for travel, which will 4 EXHIBIT E reduce their travel time. It will assist emergency responders, with also providing options in routes. And last but not least it will connect neighborhoods to each other. So here is a depiction of the existing Kona streets. As you can see here, King Kamehameha III and Royal Poinciana are there, and as you can see, where La‘aloa Avenue is situated right in the, almost in the center, will provide a nice little connection from the ocean to the mountain again. We did have some photos that our engineer took. I’ll go through them really quickly. First photo depicts Area A that’s not part of this application, but it’s at the Ali‘i Drive-La‘aloa Avenue – oh, no, that’s not, sorry. Okay, that’s at the end, so – let me see, Picture B, here – so this is at Kuakini Highway, looking ocean way to where we want to connect to La‘aloa, and that’s what’s there now from Kuakini. Also, another picture, C, this is looking in the Kailua-Kona direction from Kuakini. And then the next picture I have is Picture D, looking at the Keauhou direction up there, so it would connect here. So this is where the intersection improvements that are part of this application to tie in with Kuakini would occur. Here is the proposed layout for those intersection improvements at Kuakini Highway. As you can see, there is a deceleration lane and an acceleration lane for traffic to get onto Kuakini Highway. There will be a median, and then we are going to have the through lanes of traffic to keep the vehicular traffic moving. So how did we determine what to build in this process? We had a Context Sensitive Solution report, we had those typical design standards, and there were public meetings and discussions to gather input through our consultant, which was CH2M HILL; they talked to the general public, they got feedback and input. There was an advisory group formed that also provided input. And then agencies, all the ideas and information and input gathered there was then taken to the County agencies that has some regulatory function, and it was also discussed there. And so the information was gathered, advice and the wish list was drawn up, and then it was forwarded to the County agencies, government agencies, for a final recommendation. And the final decision rested with the County of Hawai‘i based upon meeting requirements and what we can afford to build and what we need. So within the process, there was, the advisor group, there were at least 17 issues identified. There were at least 18 people who resided in the area that were part of the advisory groups. There were five group meetings between August 23, 2006, and May 23, 2007. And these were the five top rank issues from the Context Sensitive Solution groups: traffic calming, a connection to Kuakini Highway, addressing the speeding potential issues, sidewalks, and then, of course, sensitivity to any cultural sites. So there is, specifically, as to the two questions that were presented at the last meeting, for an overlay, I do have the image. (Copies were distributed to the Commissioners.) So what you have before you is a letter dated November 15 to the Planning Commission. Attached to it as Exhibit 1 is an overlay of the Ali‘i Drive-La‘aloa Avenue intersection. So this is in response to the specific question at the last meeting about what the intersection looks like now and what the potential proposed design would be. So the blue lines, as you guys can see, indicate the property lines and the limits of the right-of-way, and the black lines within that indicate the proposed design, so the lane markings and the flow. So as you can see, the proposed design stays within the right-of-way, and does not require any additional property acquisition. GIFFIN: Okay. And, Brandon, I’m sorry to interrupt, but this is what was agreed to by the potential intervenor and you people and all of that. That was what was agreed to? 5 EXHIBIT E GONZALEZ: The intervenor’s concerns dealt with how we were going to treat the intersection, and basically, they wanted to be notified about any changes. And so we agreed to -. GIFFIN: That was it. GONZALEZ: Yes, to notify them. So thank you for the extra time to be able to work that out with them. As to the second question as to what the proposed improvements to the portion of La‘aloa Avenue already in existence, I’m focusing on the area from the intersection here to – what is the street name? It’s before the speed hump actually. Lupalupa? Within the right-of-way there is a lot of trees, vegetation, bougainvillea – oh, thanks. Yeah, okay, so before Lupalupa Way, up until Lupalupa Way, the improvements that we envision there is extending the roadway to the entire 60-foot right-of-way width. The pictures that Daryn showed you showed how the roadway changes as you move up, right, the certain sections that are improved, certain sections that have not been built up completely. So we want to widen the roadway to the entire 60-foot right-of-way width. We want to do shoulder improvements, bike lanes and drainage improvements for this section. And all of that is subject to the availability of funding after we actually connect the road and finish the road at the top end. GIFFIN: Yeah, because that’s not part of Phase 1, is it? GONZALEZ: Right, that’s not part of Phase 1. But you guys did ask the question, so -. GIFFIN: Uh huh. Pau? GONZALEZ: And I have nothing further. Thank you. GIFFIN: Okay, you’re welcome. Commissioners, any questions of Brandon? BEAUDET: I have a question. GIFFIN: Brandi. BEAUDET: It was earlier mentioned by Daryn about a roundabout as an option. I didn’t catch that in the initial meeting. Is that something that is a real option? GONZALEZ: You know, for traffic calming improvements island-wide there has been a lot of community requests for roundabouts to be considered, and we consider it, I mean, look at it, and see if it fits into the design. It’s particularly challenging, though, when you are in an established area and you don’t have a blank canvas to work with. But it’s something that we would consider, especially if the public asks for us. BEAUDET: But this is the direction that we are going in at this moment in time? GONZALEZ: This is the, at the Ali‘i Drive-La‘aloa, that’s what we have. BEAUDET: Thank you. GONZALEZ: Thank you. 6 EXHIBIT E GIFFIN: Any other questions? All right. Ryan, were you wanting to speak, too? KANAKA‘OLE: Yes, thank you. GIFFIN: You may. KANAKA‘OLE: Deputy Corporation Counsel, Ryan Kanaka‘ole. As you already know that the letter received yesterday was withdrawing the petition for standing in a contested case. Prior to the October 18 meeting, Mr. Vitousek also filed a motion for continuation upon a finding of standing. And we are just asking that the motion is still, be effectively denied because it’s moot at this point. GIFFIN: Mr. Torigoe? TORIGOE: Yes, Madam Chairwoman, it seems like with its withdrawal of the request that the matter is effectively moot; but for the record, if you want to just ask the Commission if there are any objections to the request for continuance being considered moot and denied at this point, that would probably be helpful. GIFFIN: Okay. So just for the record, Commissioners, is there anyone who would oppose having this request for continuance be dropped? Hearing none, okay, so, is that official enough, Ivan? TORIGOE: Yes. GIFFIN: Okay, good. So, pau. Okay. Anybody else from your team, Brandon, who would like to testify? GONZALEZ: No, Madam Chair, thank you. GIFFIN: Okay. We do have five people who have signed up to testify. And I do have, and correct me, if I’m wrong, I did review the minutes of our last meeting, and some of these names look familiar, and I think that at least No. 4 and No. 5 have already testified: Patricia Holum and Bob Ward. Okay, I know that you two already testified, and I would like to hear first from Mike Hemand, Julie Lederer and Lester Lederer. Will you please come forward? And in consideration of the hour, I am going to limit your testimony to three minutes. HERNANDEZ: Did you say Michael? GIFFIN: I’m sorry, Mike Hemand? HERNANDEZ: (Inaudible.) GIFFIN: I’m sorry? HERNANDEZ: Hernandez? GIFFIN: No. H-E-M-A-N-D? DARROW: Maybe it was, we were trying to read -. 7 EXHIBIT E GIFFIN: So maybe it is you, sir? It’s not what I have as No. 1, I promise. DARROW: No, that could be it. GIFFIN: Well, I’m glad that you came up. Will the three of you please raise your hands. Do you swear or affirm to tell the truth on this matter now before the Leeward Hawai‘i County Planning Commission? TESTIFIERS: I do. GIFFIN: Okay. Staff, do I have someone who will time? Okay, thank you. Ma’am, beginning with you, please state your name. J. LEDERER: Yes. My name is Julie Lederer. GIFFIN: And go ahead. J. LEDERER: I am a homeowner -. LEITHEAD TODD: Microphone. J. LEDERER: Sorry. I am a homeowner in Ali‘i Heights, and our pool backs up to the road right there, and we are located on kind of a little bit of a hill right above where the proposed road of the past 30 years that has not come through. We are very aware of this road because we hear all of the traffic from our bedroom on it; we have had for ten years, so we are aware of it. I am also a very seasoned disaster registered nurse that nursed at Katrina, and last week we were in the middle of Sandy ready to be evacuated back in Newport, Rhode Island. So my concerns are that there is a very steep curve to the road. Last week when it flooded and the rain came, there was massive water on our driveway. The, La‘aloa coming down, because of this steep curve, cars going up would probably be lifted up and taken down the hill. At the corner of Ali‘i Drive and La‘aloa, there is already a huge congestion problem, a traffic safety problem, because it dead-ends into a condo, it’s a dead-end street. We go to Living Stones Church; the traffic on Ali‘i Drive has been massively increased. I do agree something needs to be done. But you have an example of what happened on Royal Poinciana. And I haven’t been here long enough to know why Lako didn’t go through; I understand that it’s almost all the way down through, but it never went through. Some of the other things is the street has become kind of a place for drug exchanges, lovers lanes. It is a very frequently walked street with lots of animals, lots of walkers, lots of children. The maps currently shown here do not show the development that is higher up; there’s a lot of more houses here than it looks. This is Ali‘i Heights where we live. There is another development above it. ARAI: Twenty seconds. J. LEDERER: And I think we are playing with disaster. GIFFIN: Thank you very much. Sir, your name? L. LEDERER: My name is Lester Lederer, and I live, obviously with my wife, same place. And there are several concerns. No. 1 is at the La‘aloa and Ali‘i Drive, when the road goes through up 8 EXHIBIT E there, there is going to be a real danger down at the bottom; No. 1, there is no sidewalks; No. 2, the people walking on it will walk on the street, not in the graveled area, which I don’t blame them, that’s going to be a real risk. There has already been one death on that highway, on that road. The other is the speed limit. Once someone coming mauka crosses that hump, it’s like we are in a drag race audience. The noise is loud. It happens anytime of the day or night. And there is no reason for someone to travel that way on that road, being that it’s 25 miles an hour. And to my knowledge I don’t recall, I’ve seen one policeman up there, not at -. And someone has got to start to control the speed limit because there is going to be more deaths on that street even before you complete this extension. J. LEDERER: And there has been one across the street from our house -. L. LEDERER: Yeah. GIFFIN: Any more time on him? L. LEDERER: The other is, like I said, the pedestrians concern. Is there -. And if I’m trying to get to, I substitute teacher, I’m trying to get to school, one of the schools, I’ve got a challenge down at the bottom of La‘aloa Drive where it connects to Ali‘i. And it’s a real dangerous situation even now because you have lots of traffic coming down from the people that live up there, as well as people driving Ali‘i Drive. And four, five, six cars are backed up on La‘aloa, not counting the number of cars that are going, pass you that you’ve got to wait for. ARAI: One minute left. L. LEDERER: Okay. I would like to have access to the final impact report and the CCS (sic) report, if I can, please. That’s all I have. GIFFIN: Thank you. Sir, your name? HERNANDEZ: Thank you, Ms. Giffin. Thank you. My name is Mike Hernandez, and I live on Daytona 500 Track Way, better known as La‘aloa. I live on Lupalupa and La‘aloa Street. I’ve been there, and I was on the advisory committee when we first started this particular ordeal, and basically I think it was shoved down in their throats. But from Mahiehie Street, which is the junction right above where you see Ali‘i Parkway, the proposed Parkway, there is going to be a roundabout there. And the only concern we have now – we can’t do anything about it, it’s a done deal – but what I ask them is the same thing that these two people asked before: We need some calming devices. This area is highly traveled with a lot of speed coming down. I’m not so sure, the engineer said 14 percent grade, I think we have about 20 percent grade. You come down fast. Once you leave the top of that hill where the dead-end is at and once you get to Kapukapu, it’s a straight down. And where La‘aloa makes a little curve, it’s a blind sight; you can’t see the neighbors on the right side. We did have a death there about a few years ago; a tire went loose, killed the guy, then the tire went into a house on the right hand side of La‘aloa Street. One of the proposals that we had made, and I saw it on the drawings and I’m happy for the engineering, is that exactly where the Ali‘i Drive Parkway is proposed, the roundabout there, it was going to be the alternative probably to take the road over to Pāhoehoe Park, which seems to be a pretty good idea there. But all I’m asking for right now is that for the neighborhood that we live in, just a little section between Mahiehie down to Ali‘i Drive, we put in some calming devices. If we have to put speed humps, let’s put them in there. I know it’s not a comparable situation, but you have to live on Daytona 500 and you know what 9 EXHIBIT E speed is at all times at night. We have walkers, we have children, we have people with animals, and it’s a very nice neighborhood. But we need to look at that. Thank you. GIFFIN: Thank you. It was brought to my attention that, Lani, you had a question? BOWMAN: I’m sorry, and I forgot your name, but -. L. LEDERER: Les Lederer. BOWMAN: Yes, thank you. So you spoke about the traffic congestion on Ali‘i Drive now. But would, so if you did have the connector road, would that alleviate some of the traffic? L. LEDERER: If the connector road goes up to the highway, now you’ve got more traffic coming down. And with that Ali‘i Drive-La‘aloa connection, you’re going to have traffic backed up all the way to probably where the blind curve is, because -. BOWMAN: I’m just, okay, I’m just thinking about the people who live in those subdivisions being able to have another mauka-makai access to go to Kuakini. I’m thinking that if you go to teach school somewhere mauka, then you don’t have to go all the way down Ali‘i Drive. L. LEDERER: No, I don’t, but I still believe that if Phase 2 is not completed before Phase 1, you’re going to have a real problem down at Ali‘i Drive and La‘aloa. BOWMAN: Okay. Thank you. GIFFIN: You’re welcome. HERNANDEZ: Can I just comment? GIFFIN: Yes, Mr. Hernandez. HERNANDEZ: Yes, you know, all the neighbors that I know of Ali‘i Heights and Ali‘i Mauka, the connector is going to help out the lower portion of the Ali‘i Heights, I mean, of Keauhou View Estates. You’re going to see those people go up to the highway. It’s just that what we are looking for down that road is just some calming devices to slow the traffic down, because it is a steep grade. GIFFIN: Thank you. The three of you, I did ask last month the testifiers then, knowing how you feel and what you’ve expressed, are you in favor of this project? L. LEDERER: No. J. LEDERER: No. GIFFIN: No? Sir? HERNANDEZ: I am. GIFFIN: Okay, thank you. And thank you very much. 10 EXHIBIT E J. LEDERER: Can I correct that? The concept of, yes, a connecting road, definitely in favor of it. This particular road, no. L. LEDERER: I second that. GIFFIN: Thank you. All right. Patricia Holum and Bob Ward, who testified last month, I am going to limit your testimony. Thank you. Please raise your right hands again. Do you swear or affirm to tell the truth on this matter now before the Leeward Hawai‘i County Planning Commission? TESTIFIERS: I do. GIFFIN: Please, Patricia? HOLUM: Okay. Patricia. And I do live on the upper portion of Daytona 500. And I think, you know, to address the concern that Lani had, that is another wonderful access to everyone that’s going surfing, because the best surfing area is just, just a bit north of La‘aloa on Ali‘i, the Banyan’s and Hōlualoa; so that’s where the traffic is going to come from. Everybody is going to find a fast way to get down to the beach because they are not going to want to take Royal Poinciana and Lako over all the speed humps. Right now you are only going to have the two speed humps in the newer portion, and the one, existing one, that’s down there that I mentioned to Madam Chair that I’ve seen people go over it over 45, 50 miles an hour and take air as they have traveled over the one existing speed hump. So that’s my concern. And also, all the school children that are down there at the bottom. And I walk down there to go to the beach, La‘aloa Beach, myself, and when the cars are coming down there so fast, you are basically having to jump onto the gravel to get out of the way. I’m over 60 years old; I don’t really, you know, like jumping just to go down to take quick swim. So there has to be some kind of traffic calming. And I really feel that the lower portion needs to be addressed before the connection is done because of all school children that are down there, the school buses, the Hele On bus stop is right down there, too, so really need to address that, as well as that section from the Ali‘i Parkway up to where the connector is going to be done. There is no traffic calming; the cars are doing 45, 50 miles an hour going up there as it is, so -. That’s all I have to say. GIFFIN: Thank you. Bob? WARD: Thank you. GIFFIN: You’re welcome. WARD: I hope I’m not wearing out my welcome here. I’m here today, first, because I do support the project. And I hope that it can be progressed without delay. La‘aloa is the only practical access to the shore for most of the 450 homes you see up there. Second, my priority is to protect the health and safety of my family, my neighbors, my friends and guests that depend on La‘aloa for access to the coast and activities such as fishing, canoeing, surfing, swimming, whether it’s walking, hiking, biking, whatever activity they chose. And third is simply to request that the County honor its previous promises to the community, and perhaps even limit exposure to potential liability or litigation. The main point is despite the fact that existing La‘aloa does not meet the current standards of Department of Public Works and poses risks to all current users, and despite the fact that improvements were first promised over 29 years ago under the original ordinance, which 11 EXHIBIT E included three primary components – complete the extension that we are discussing today, provide improvements on lower La‘aloa, and also to complete the portion of the Ali‘i Highway, or Parkway, that you can see in the large gap, all three of those have been mitigated, even though the needs still persist today – and despite the fact that these improvements were documented in the final EA as part of the Context Sensitive Solution report – they were part of the final environmental assessment – and the County Council, when they first approved the funding for the project, the $20,000,000 bond, the CIP Financial Data Statement sheet indicated the entire project would be completed at one time -. ARAI: Fifty seconds. WARD: Okay, here we go. There is absolutely no guaranty under this current proposal that any of these improvements will ever be done. And it’s for that reason that I’m requesting two conditions for your consideration: One – and I think most of you have a copy of my prior testimony, just for easy reference – one is simply that go ahead and proceed – I think it’s a very clever idea finding out how much this will cost before completing the rest of the improvement – but please don’t open this until those improvements that have been promised are completed or in a case of an emergency. We already have emergency access being able to go out the top through the utility road. But it’s absolutely crucial that these improvements -. It’s not just traffic calming; the one illustration that Daryn showed us -. ARAI: Time. GIFFIN: Thank you, Bob. WARD: Thank you. GIFFIN: Brandon? I’m sorry. First, Commissioners, do you have any questions of the testimony, testifiers? None? Thank you. Brandon, could you please come forward. Do you want to come forward, too? I trust you heard all of the additional testimony today. GONZALEZ: I did, thank you. GIFFIN: And I don’t know, would you like to first address some of those concerns or do you want us to ask you some questions? GONZALEZ: I can address what I wrote down. First, I missed the gentleman that testified third, but his discussion about the roundabout, the engineer had informed me the roundabout was part of the report for the Ali‘i Parkway, Kahului-Keauhou Parkway intersection – so not down at the lower end. So thank you for clarifying that. For the first two public testifiers, the Lederers, again, for the phase that is not part of this application, but for the intersection at La‘aloa and Ali‘i Drive, we are planning to make the improvements in increasing the right-of-way -. GIFFIN: Oh, good. Shoulders? 12 EXHIBIT E GONZALEZ: Increasing the shoulder, which will improve the sight lines and distance, sight distance at that area, again, improve the drainage. We’re going to be addressing the drainage issues along La‘aloa because we are on a slope. As to Ms. Holum’s concerns about speed, the section of La‘aloa that currently exists, you know, from the mid section even to the lower portion, the petition process for speed humps with the County, there is a process for the neighborhood and the community to ask for speed humps, and then to determine the locations of the speed humps. And at the last meeting I had taken her information so that we could forward that to her; I’ll follow up with her to see if the information was done. The lone speed hump that is there right now, and this is my speed hump spiel, is we can’t control what drivers do in their cars as best as we try; it takes a little bit of responsibility on everybody’s part to do the right thing, and, you know, with the signage and the striping, and speed humps as a last resort, we can try and get drivers to drive at the speed drive. A lone speed hump there was put in as part of like a demonstration to show what it would be like, and then the petition process wasn’t completed for the rest of the speed humps. So if it’s sitting there by itself, cars can accelerate, if they go past it; so it’s not the best way to implement it, I agree. But I think part of it is, looking at the roadway in its entirety where it exists, we have to stay away from intersections and driveways, and utilities that also affects the placement. As to traffic calming devices on the portion of the application on the mauka portion, there are four speed tables that would be installed on the upper portion, two on the mauka lane and two on the makai lane. So that is in the design. And also, drainage improvements, drywells and other drainage improvements. For Mr. Ward, we thank him for his support of the project and his interest in seeing the roadway be completed for the community. You know, we live in times where we have to live within our means. And I think, we have three quarters of the roadway in existence, and connecting it and tying it in on the mauka end is a step in the right direction. We will like to time in the improvements on the lower portion to meet the completion of the upper portion, and we’ll do our best to do that; but focusing on just getting the road finished, so that it gives the connectivity and provides a complete route is the priority at this point. And then we have to see how much it costs based on the engineering and the construction. GIFFIN: Thank you. Director. LEITHEAD TODD: Brandon, when you bid this out, are you going to put the lower portion on as an additive? GONZALEZ: It’s a Phase 2. LEITHEAD TODD: Okay, so it won’t be an additive, it’ll be a separate bid. Okay. GIFFIN: Any other questions of Brandon? Brandon, I have a question. You know, when you were going through the process to come to this point that we are at today, you mentioned the formation of an advisory group. How were those people selected? And were any of the testifiers ever invited to be part of that advisory group? GONZALEZ: You know, I can’t recall the exact formation, but I believe Mr. Ward was actually part of the advisory group. And Ms. Holum, were you -? 13 EXHIBIT E HOLUM: I was not (inaudible). GONZALEZ: Okay, yeah, so that’s one name I recognized on there. GIFFIN: Okay. Because I was going to say that obviously the advisory group, like you said, came up with some conclusions and some recommendations, and maybe that is the kind of input that would also be very meaningful to us in making this kind of decision and such; I mean the community, as you heard from public testimony, very important to us, and so to even know that Mr. Ward was part of the process, to me it would have been very important. Thank you, Brandon. GONZALEZ: Thank you. And then also for the Lederers asking to see the final impact report and the CSS report, I pointed out to Mr. Lederer that the public reading file in the back, attached to our application was the final environmental assessment and Appendix 6 of the report was the Context Sensitive Solution memorandum. Thank you. GIFFIN: Thank you. Commissioners, any other questions? BEAUDET: Yes. GIFFIN: Brandi. BEAUDET: Brandon, you know, it’s outside of the application, but Phase 2 of the project, for me, you know, continuity of the improvements from a traffic management standpoint is critical. So what is the Department’s position on the timing of the second phase? I mean, is it planned or are we waiting for fiscal budgeting or, I mean, is it in the current plan? GONZALEZ: Well, as described, there was a $20-million bond for La‘aloa. Now that encompasses the entire roadway. But, that’s why we are saying, there’s components of the roadway that may require more cost for construction and engineering. That’s why I said at the previous meeting we have $20,000,000 to work with for the entire roadway and we need to stay within that. So if the more challenging aspects we can come in at a reasonable amount, then that gives us a better idea of how much we have for the rest of the roadway – if that makes sense. You know, we are trying to make this be fiscally prudent. BEAUDET: Thank you. GIFFIN: Lani, did you have a question? BOWMAN: Pardon my ignorance, but you had said “the more challenging aspects of the project.” So what would that be in your opinion? GONZALEZ: As a layperson who had this explained to him by the genius engineers, the segment that has yet to be completed, right, there was a question, like you said, about the slope; so designing a roadway per the engineering standards or roadway standards, and also incorporating elements of what the advisory groups and the community wanted, like the bike lanes, the walking paths, improved shoulder areas, all of that has to be engineered, and you can design it on paper, but then you also have to look at the field conditions and determine if you can actually build it. So it’s challenging; it’s not as challenging usually building a road on a flat surface, but I think common 14 EXHIBIT E sense will say it’s a little more challenging when you are on a slanted surface. Does that make sense? There is a lot more engineering involved on the upper portion, especially with the State regulation to the tie-in to Kuakini, accel. and decel., and the amount of the topography. BOWMAN: Yeah, I understand. I just, you know, again, have, like Brandi, concerns about the Ali‘i-La‘aloa, and -. Yeah, thank you. GIFFIN: Any other questions of Brandon? Hearing none, Commissioners, are you ready to make a motion? BOWMAN: I would like to just throw something out, but, I don’t know -. If you had said -. And I understand that you have the $20,000,000 bond for the entire roadway. Would, would the improvements to La‘aloa and Ali‘i be made, I mean, would, if, could there be a stipulation that the road would not open – and I’m just throwing this out – until the makai improvements were made? GIFFIN: Brandon, I think that’s a question to you. GONZALEZ: Well, I think you may want to ask your attorney about making conditions tied to areas not part of the application. But, yeah, so focusing on the application area, the conditions pertaining to that, you know. As I stated, we are doing our best efforts to make sure that the La‘aloa-Ali‘i intersection will be usable and improved in conjunction with completion of Phase 1. That’s our target. GIFFIN: Director. LEITHEAD TODD: If you are going to confer with your attorney, you may also want to take a look at what the purpose of an SMA permit is, which is principally to mitigate impacts to the Special Management Area. So, you know, how far you go, it is a question, and so you may want to speak to Mr. Torigoe. GIFFIN: Thank you. Mr. Torigoe, would you like to comment? TORIGOE: I think I need a few minutes to take a look at the rules and consider what was proposed here. GIFFIN: Commissioners, Director would like a five-minute break. All those in favor? COMMISSIONERS: Aye. GIFFIN: All those opposed? We are in a five-minute break. RECESSED The Chair called a recess at 2:16 p.m. RECONVENED The meeting reconvened at 2:43 p.m. GIFFIN: I’d like to call the Hawai‘i County Leeward Planning Commission meeting back to order. And considering the length of this hearing has taken, I would like to break again for a lunch break, and we will go ahead and -. Yeah. What do you think, Daryn, an hour? 15 EXHIBIT E ARAI: The nearest location to get something to eat, I think they’ve on average taken close to hour and a half by the time you drive there and place the order. But hopefully, it’s after lunch now, so I’m hoping it’s faster. But they have taken a while previously, so -. GIFFIN: What time do you have now? ARAI: I have about 20 to 3:00, so if -. BEAUDET: Should we take a poll on this? HICKCOX: Yeah. ARAI: Well, that’s, yeah, it would have to be a part of the motion, if you are going to break. WHITTEMORE: Well, you have a quorum. Because I do have to leave; I have a doctor’s appointment at 3:30, so it’s a given for me. GIFFIN: So that was another concern that I had that we might be losing Commissioners. ARAI: Maybe that’s a question to be asked on -. If we do break and, say, we reconvene like a quarter to 4:00, or even 4:00, how many Commissioners can stay in order to preserve quorum. BOWMAN: I have a 5:30 meeting in Waimea. HICKCOX: Madam Chair, may I ask a question? GIFFIN: Yes. HICKCOX: How much more time do we need before we can address this and complete it? GIFFIN: It has been brought to my attention that in order to do a thorough job in terms of making sure that the issue is thoroughly examined, it may take an hour. NELSON: Madam Chair? GIFFIN: Yes. NELSON: I suggest we fast for another hour. WHITTEMORE: Aye. BOWMAN: Aye. NELSON: And get the job done and we go home. GIFFIN: Trust me, I would like that. Daryn, I turn to you in terms of logistics. ARAI: We need the time in order to do a thorough assessment of some of the issues that were raised, and that means that for the period of time the Commission will remain basically inactive. 16 EXHIBIT E That is why we are contemplating taking the advantage of the situation to go out and get something to eat, because in a meantime, until we compile the information that we feel you need and deserve, we might as well get a bite to eat. The only I can think of is it’s probably faster at the gas station down the road, but, you know, I don’t want you guy to resort to something like that. I really can’t think of anything else. Even ordering in something, it’s going to take a while. So my recommendation is basically go and get a bite to eat, and let us have the opportunity to try and get the information to you, and hopefully we can try to resolve this shortly after you return from lunch. GIFFIN: And, you know, Commissioners, I know it’s an inconvenience, but in this situation I think that it’s important that we go ahead and follow up with this break, and since we have to have a break, and since we have not had lunch, that we go ahead and get something to eat and then come back. BOWMAN: Could I suggest that we just get it and bring it back? And then, even if, you know, then we will make sure we are here. ARAI: Sure, I’ll -. Sure. And that’s probably, maybe a good idea because if we come to a decision, or have the information sooner, then maybe we can kind of like just jump at it. It’s just that I don’t know what exact time to offer to the public, so -. GIFFIN: I think we just have to do we’ve done, and try the best we can to come back and eat here. And maybe staff can just take all of us together and then come back together. ARAI: Right. Okay. With that being said, I would say hopefully we can reconvene anywhere between 3:30 and a quarter to 4:00. GIFFIN: All right. And, Tom, you have an appointment, right? So -. Brandi. BEAUDET: I have to leave at 4:00. GIFFIN: You have to leave at 4:00. That will leave Lani, me -. ARAI: We are down to, we are down to minimum. GIFFIN: Yeah, four. ARAI: Are we going to lose anyone else after 4:00? BOWMAN: Four forty-five. ARAI: Lani, 4:45. GIFFIN: You can stay here until then? BOWMAN: So long as I can get to Waimea by 5:30. ARAI: Right, right. WHITTEMORE: I may be able to come back, but I can’t guarantee you time, I’ve got -. 17 EXHIBIT E GIFFIN: Yeah, sure, I think we should make sure that we just, let’s see, we need four? ARAI: Four minimum. GIFFIN: Okay, so if Lani, Brandi is going to go, Tom will go, and me – we’ll have four. ARAI: Okay, let’s take a chance. GIFFIN: All right. So we are in recess, right? We are in recess until I think he said 4:00. Did you say 3:30? ARAI: Let’s shoot for 3:30. And if you are running late, I’ll at least have the facility open for those in the public who come back. GIFFIN: Thank you. RECESSED The Chair called a recess at 2:49 p.m. RECONVENED The meeting reconvened at 3:44 p.m. GIFFIN: Upon a recommendation of our legal counsel, we’ll go into executive session. Do we need a motion? TORIGOE: Yes, you need a motion. GIFFIN: Okay, may I hear a motion for that? BOWMAN: So move. GIFFIN: Second? NELSON: Second. GIFFIN: All those in favor? COMMISSIONERS: Aye. GIFFIN: This purpose of executive session is, upon a recommendation of our legal counsel, to receive legal advice. ARAI: Okay, with that, everyone has to vacate the room, please. Thank you. EXECUTIVE SESSION – The Commission went into executive session at 3:45 p.m. by a motion made by Commissioner Bowman, and seconded by Commissioner Nelson, to consult with the Commission’s counsel regarding legal questions or issues pertaining to the Commission’s powers, duties, privileges, immunities and liabilities. The motion was carried unanimously by a voice vote of all Commissioners in attendance. The Commission came out of executive session at 4:00 p.m. by 18 EXHIBIT E a motion made by Commissioner Nelson, seconded by Commissioner Hickcox, and unanimously carried by a voice vote of all members in attendance. GIFFIN: Will the meeting please come back to order of the Leeward Hawai‘i Planning Commission. We are on Agenda Item No. 5, and there was some, there were some questions that we thought we would pose to the applicant. Beginning with you, Commissioner Bowman. She’ll have to wait a minute. BOWMAN: Okay, tomato swallowed, sorry. I think you heard my concern. And what I would like to just reiterate and get from you that – and I’m sure there is a commitment to provide, you know, a safe traffic venue, once this is opened – that the improvements that would help, you know, to accommodate the increased traffic, will be in fact made. GONZALEZ: Yes, Commissioner Bowman, I’m sorry if I was not clear earlier. The effort is undergoing as we speak; we are looking to do improvements along the entire stretch of La‘aloa prior to it being open for public use. BOWMAN: Okay. And I understand that the improvements on La‘aloa and Ali‘i are a different project, but that is kind of cumulatively involved in the opening of the road, right? GONZALEZ: Sure. BOWMAN: Okay, thank you. GIFFIN: Okay, just a minute. Commissioners, are there any other questions that you, or comments, that you would like to pose to Brandon? Hearing none, do I hear a motion? HICKCOX: Madam Chair? GIFFIN: Yes. HICKCOX: I recommend that we approve a Special Management Area use permit, SMA 12-000051, as submitted for the extension of La‘aloa Avenue to Kuakini Highway. GIFFIN: It’s been moved by Commissioner Hickcox. Do I hear a second? NELSON: Second. GIFFIN: It’s been moved by Commissioner Hickcox and seconded by Commissioner Nelson that the Special Management Area use permit submitted by the Department of Public Works be approved, and it is specifically SMA 12-000051, along with the conditions that the Department has included. Daryn, is there anything else I should include in the motion statement? ARAI: No, I believe you captured it accurately. I’m just going to quickly reconfirm that the motion is to approve SMA Use Permit No. 12-51 for the reasons and with the conditions as recommended by the Planning Director. GIFFIN: Correct. 19 EXHIBIT E ARAI: Okay. With that, I stand ready for the roll call. GIFFIN: Well, I just want to make sure: Does anyone have any more comments or discussion? None. We are ready for the roll call then. ARAI: Okay, thank you. Commissioner Hickcox? HICKCOX: Aye. ARAI: Commissioner Nelson? NELSON: Aye. ARAI: Commissioner Beaudet? BEAUDET: Aye. ARAI: Commissioner Bowman? BOWMAN: Aye. ARAI: Madam Chairwoman? GIFFIN: Aye. ARAI: Madam Chairwoman, the motion to approve carries with five aye votes. The discussion ended at 4:06 p.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 20 EXHIBIT E