HomeMy WebLinkAbout2015-03-19 Leeward Exh B (Amend SPP 378)
LEEWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
HEARING TRANSCRIPT
MARCH 19, 2015
LALAMILO FARM PARTNERS, LP
A regularly advertised hearing on the application of
(Amend SPP 77-20/SPP 378)
was called to order at 10:02 a.m. in the West Hawai‘i Civic Center,
Community Center, Building G, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i, with
Chairman Brandi Beaudet presiding.
COMMISSIONERS PRESENT: Brandi Beaudet, Thomas Hickcox, Collin Kaholo, Keith Unger,
Thomas Whittemore and Barbara Nobriga (until 11:24 a.m.)
ALSO PRESENT: Danny Patel (Deputy Corporation Counsel), Duane Kanuha (Planning Director),
Jeff Darrow (Planner), Christian Kay (Planner) and Noriko Sauer (Commission Secretary)
And approximately 60 people from the public in attendance.
APPLICANT: LALAMILO FARM PARTNERS, LP (Amend SPP 77-20/SPP 378)
Request to amend Special Permit No. 378 to allow the establishment of a fitness center; refrigerated
box truck parking area; bakery; honey storage and distribution facility; butter processing, storage
and distribution facility; limited retail sales area and related improvements on approximately 0.5
acre of land situated within the State Land Use Agricultural District. The subject property is located
on the north side of Lalamilo Farm Road approximately 900 feet west of its intersection with the
Māmalahoa Highway and within the Lalamilo Farm Lots Subdivision at Lalamilo, South Kohala,
Hawai‘i, TMK: 6-6-005:032 (portion).
BEAUDET: Second item on today’s agenda is Lalamilo Farm Partners for amendment to Special
Permit 77-20. I would just like to note that there has been a petition for standing that has been
submitted by intervenors. So the process that we’ll take this morning is we will bring up the
applicant to discuss the application, or staff will present, staff will present, we’ll ask the applicant to
come up, we’ll follow that with public testimony, and that will be followed by the intervenors. So
Commissioners, I just want to ask that we hold our questions of the applicant until we go through
this process. I think a lot of issues and concerns will be shared with us through the intervenors and
with public testimony. So with that, staff?
KAY: Thank you, Mr. Chair. Just, so I don’t forget again, after we submitted the background
report, there have been several pieces of testimony both for and in opposition to the Special Permit
amendment application. Those have all been passed out to the Commission unless there are any
more that come in after earlier this morning. Thank you.
Just quick information about the site, the subject parcel is located in the South Kohala District of
Hawai‘i Island. More specifically, this five-acre parcel shown here outlined in red is located in the
Lalamilo Farm Lot Subdivision to the west of Waimea Town. For reference we have Māmalahoa
Highway running generally north-south through the slide, and access to the site is going to be off of
Lalamilo Farm Road. So zooming in a little bit closer, the subject parcel is directly adjacent, and
the directly adjacent parcels are zoned Agricultural 5-acre shown here in the light green, and made
up of farms and dwellings. Directly to the north in the darker green are some vacant lots zoned
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Agricultural 1-acre, across Māmalahoa Highway in this blue color is the Parker Ranch race track
and that’s again Agricultural 40-acre zoning. And finally, to the north of that is the Luala‘i
residential subdivision zoned RS, pardon me, Residential with a minimum lot size of 7,500 square
feet. The subject parcel is designated Urban by the State Land Use Commission and, pardon me,
Agricultural, and that’s shown here in the green, and to the right here is, getting closer to Waimea
Town, and that’s designated as Urban. Our General Plan LUPAG Map shows the subject parcel as
Important Agricultural Lands, to the east is Low Density Urban, and then to the north of the parcel
showing as Urban Expansion.
Here is an aerial photograph of the subject parcel and surrounding area. Again maybe a little
difficult to see, but the subject parcel is here outlined in red. I just wanted to show you proximity to
the Lalamilo Farm Lots and again Waimea Town here to the northeast. Zooming in a little bit, to
the left you’ll see the larger five-acre parcel, I just wanted to show a little bit that there are about 16
greenhouses on the parcel, an existing single-family dwelling and this main structure here outlined
in yellow. Then further zoomed in is the approximate permit area, and we’ll get into that a little bit
more with subsequent slides.
To give you a brief history of Special Permit 378, it was initially approved in February of 1978 by
the State Land Use Commission to allow the establishment of a vegetable processing facility. On
January 20, 2006, the Planning Commission approved an amendment to the Special Permit,
allowing the processing of ice cream products within a portion of the original 7,875-square foot
structure. Over time, the uses that are being requested through this amendment were established in
the remainder of the original structure, as well as in additional unpermitted structures attached to the
main structure and surrounding areas for refrigerated truck parking and fitness center parking use.
The Planning Department issued warning letters, August 1, 2014 and August 21, 2014, requiring the
applicant cease, either cease unpermitted uses or submit an amendment to the Special Permit 378 to
cover the unpermitted uses as corrective action.
So in terms of the applicant’s request, they are requesting an amendment to the Special Permit to
legitimize and retain the following uses on approximately a half acre of the larger five-acre parcel:
That’s a fitness center and associated parking area; a refrigerated box truck parking area; a bakery; a
honey storage and distribution facility; a butter processing, storage and distribution facility; and a
limited retail sales area.
This next slide shows the applicant’s site plan. Again, on the left the larger parcel, and zoomed in
here on the right the approximate, in red, permit area. You’ll see here most of the requested uses
are going to be within that existing structure, which is outlined here in a diagonal hatching, and
again, without the hatching, here shows some of those additions to the structure that are unpermitted
additions. We are showing here on the outside, or I guess we’ll start here, the fitness center is going
to be roughly 1,900 square feet within these different areas within the structure and the additions,
the bakery area roughly 800 square feet, butter production is going to be about 100 square feet here,
and then the honey production about 1,000 square feet. It should be pointed out that the bakery area
also includes outside, the actual baking portion, so the ovens, both wood fire and electric, are
outside of the main structure. Also, the, not shown on here, but the limited retail sales area is right
here roughly in the front corner of the building. The fitness center parking area is shown here. The
application didn’t indicate how large it would be but it did indicate they could accommodate
roughly 20 vehicles. Another what’s being called Meadow Gold Truck Parking Area here is about
2,200 square feet, and that’s kind of along the fence line. Some things that aren’t on the site plan
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but are on the ground, there is an additional unpermitted shower facility that’s in association to the
gym, and then some outdoor exercise equipment kind of proximate to the gym use on the right here.
Here are some photographs, the next few slides are going to be photographs of the different uses
based on our site assessment and then some of the inspector’s site visits. Here on the upper left we
are showing kind of the main gym area, including the additional structures that were built; this
weightlifting area is within the structure; within the main structure some of the equipment areas
being used, that’s actually a two-story structure so you can go upstairs and have additional
opportunity to utilize equipment; down below that is a photograph of the parking area showing here,
it’s graveled and some trucks and vehicles parked there for the use; upper right is the outdoor
exercise equipment showing here; and then just an image of the outdoor shower that’s connected to
the gym use. A photograph of the refrigerated truck parking area; I didn’t get a chance to get a
zoomed-out view, but it kind of shows here the Meadow Gold refrigerated truck parking, and it’s
going to be roughly in this area of the aerial photograph. Next photograph is the bakery use both
inside the main structure; it’s a mixing and preparation area and kind of a storage area here; and
then again the outside we are showing the wood fired ovens, as well as electrical ovens on the
outside of the main structure; it is underneath an eave outside of the main structure. Here’s some
photographs of the honey storage and distribution use; right here is where the folks package for
shipment the honey orders; back here in the back of the room is showing this storage area; and to
the right here is where you’ll see kind of a display area for the honey products. Here is some
photographs of the interior of the limited retail sales area; you’ll see that it’s selling products from
the users of the facility, so you’ve got the ice cream here, difficult to see, but here is a product list
for the bakery, and also a price list for ice cream and butter as well. Here is some site access
looking down to the west on Lalamilo Farms Road with the subject parcel on the right, and looking
the other direction east with the subject parcel on the left.
Okay, at this time the Director has withheld a recommendation, and so that’s what I have for a
presentation. Should you have any questions, I’m happy to answer them.
BEAUDET: I have one question. You had the layout, yeah?
KAY: Uh huh.
BEAUDET: So you identified the different operations that were happening within the facility.
KAY: Correct.
BEAUDET: So what’s happening in the area, the large area that isn’t identified with use?
KAY: Oh, sorry, so down here in this area?
BEAUDET: Yeah.
KAY: So that’s going to be the Tropical Dreams Ice Cream production area, which was again
approved under the initial Special Permit amendment.
BEAUDET: So where is the Ice Cream now?
KAY: It is being processed in that area; it’s a permitted use under the Special Permit amendment.
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BEAUDET: Okay. Commissioners, any comments or questions for staff?
UNGER: Question. What permit-, under the County Ag zoning, which of these uses are currently
permitted and which are not permitted?
KAY: So everything that is coming toward you for the amendment has been determined as
unpermitted in our notice of violation. That’s, so the corrective action with that is to amend the
permit to allow for those uses under the Special Permit.
UNGER: Okay.
BEAUDET: Any more comments?
KAHOLO: Being an Ag parcel there, okay, my concern is the future. Okay, if we permit
something within the place, what effect would it have in long-range planning for the Agricultural
parcel, as far as cost, the breaks they are going to have, being in Agriculture?
KAY: Difficult to say. There was testimony from the Department of Agriculture that came in
today; the testimony indicated opposition to the Special Permit requests, and they cited some
increase in Ag land prices that may dissuade other folks from buying within the Lalamilo Farm
Lots.
KAHOLO: Okay, thank you.
BEAUDET: Any more discussion, Commissioners? Thank you, staff.
KAY: Thank you.
BEAUDET: I’d like to now invite the applicant and its representative to please come forward. If
you could all please raise your right hand. Do you swear to tell the truth now and before the
Leeward Planning Commission?
APPLICANTS: I do.
BEAUDET: Thank you. Please introduce yourself, starting with Sidney, and speak into the mic,
yeah?
FUKE: Good morning, Mr. Chairman. My name is Sidney Fuke. I’m here assisting the applicant,
John Edney, Lalamilo Farm Partners, LLC.
J. EDNEY: I’m John Edney.
N. EDNEY: And Nancy Edney.
BEAUDET: Thank you. Applicant?
FUKE: Inasmuch as the request, you know, you will be entertaining a contested case, request for a
contested case standing hearing, so we won’t go too much into the substance, you know, of the
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application pending the disposition on the contested case request. However, I’d like to just kind of
amplify on some of the things that the staff report had indicated, and maybe, or didn’t indicate. One
is that the, you know, in answer to I guess some of the questions about like what uses are permitted
and not permitted, there is an appeal filed by the applicant, it was filed by Mr. Vitousek on behalf of
the applicant, with the Board of Appeals, and essentially contending that some of the uses that were
deemed to be not permitted in the Ag District were in fact permitted, and these relate to the bake-,
everything, all of the uses except the fitness center. That’s one thing I think I kind of wanted to
note it. The other thing was that when the original, when the applicant received the notice of
violation, one of the other items that was included as a notice of violation was the school bus
parking, you know, on the property. That was terminated at the end of December, either at the end
of December or January of this year, January this year, so that violation was cured by having that
use terminated; the, operated currently right now, Robert’s Buses, they are operating out of
Kawaihae at this point in time. And the final point I’d like to make is that, you know, over the last
few months we’ve been trying to see whether we can address some of the concerns raised
particularly by the adjoining property owners, you know, relating to spraying and, you know, the
potential liability associated with spraying. Unfortunately, at this point in time, you know, nothing
has come about as a result of, you know, those discussions we’ve had. We are hoping that
something can be resolved before the actual commencement of the full-blown contested case
hearing. Some of the things that, you know, we were talking about, you know, relates to having
some termination date, you know, relating to the fitness center, providing notice to the applicant
whenever spraying is going to occur, you know, those kind of things, we are trying as best as we
could to address the concerns. So I would not say at this point in time that the discussions have
terminated; that we are still kind of hopeful that something can be worked out.
BEAUDET: Thank you. So with that, I think we’ll move, if you have any more to share, or you
prefer to wait till later on?
FUKE: Yes, because, you know, if, you know, I know that the Commission has to entertain the
contested case hearing request, you know, the standing, and if that’s done, then, you know, all of the
evidentiary information would be provided during that time, so.
BEAUDET: Thank you. So we will, if you could please take your seats, unless you had more
comment.
J. EDNEY: No.
BEAUDET: Thank you. So I’d like for us to move into our public testimony portion of this
meeting. There’s quite a bit of testifiers, so in consideration of time, we will give each person who
has signed up for testimony an equal opportunity to speak for three minutes. I’m going to be strict
just because there is a lot and, you know, basically just state if you support or not support the
application and briefly describe why. I think a lot of you have sent in written testimony, and I
suggest that you not read off your testimony because we’ve looked at it already. So if you could
just abide by those rules, I think we can move through this and manage it very well. Okay, and staff
will be holding up the time card. So I have six chairs up there in the front, and how this will
proceed is I’ll swear all six of you in at the same time, and prior to your testimony if you could state
your name and your address just for the record and then go ahead with your testimony. Your
testimony time will start when you start, not when you introduce yourself. So I’d like to call on
Clarence Mills, William Case, Susan Johnson, Andrew Hetzel, Nancy Edney and Mike Buchal.
And also please speak into the mic; it’s recording for our minutes. So when you give your
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testimony, speak directly into the mic. I’ll start with swearing you in. Could you please all raise
your right hand? Do you swear and affirm to tell the truth now before the Leeward Planning
Commission?
TESTIFIERS: Yes. I do.
BEAUDET: Thank you. So we’ll start at your far left.
MILLS: Good morning, Mr. Chairman and Members of the Commission. I am Clarence Mills. I
am 73 years old. I need your help. I’m here today to support the special use permit for Five
Mountains Fitness Center. I am a member of the Five Mountains Fitness Center, and have been a
member since nine years ago, from the very opening. I am in excellent health thanks to Five
Mountains Fitness Center. Dr. Dawson is my primary physician who has informed me during my
annual physicals that my blood test results and vital signs are very good. He always asks me, “Are
you still going to the gym?” I reply, “Yes.” He would then say, “Well, whatever you are doing,
please continue.” Again, I need your help. I do not want to live forever. Nobody does. But I want
to live healthy. I want every day to be precious, and I want it to be a healthy day for me. And Five
Mountains does that. Members of the Commission, the Five Mountains Fitness Center plays a
major role to raise my survival and wellness program. I work out at least four to five days a week.
It gives me mobility, humility and self-respect. The Fitness Center is my life. I already know I
have three minutes. The Planning Director has not made a recommendation. I sat once upon a time
in the same position you are in. My recommendation to you is to move to approve the special use
permit so the Fitness Center may remain with or without the conditions as provided by the Planning
Director. I need your help to stay healthy. I don’t want to end up at McDonald’s drinking coffee
early in the morning. Thank you very much.
JOHNSON: Good morning. My name is Susan Johnson. I live in Waimea at 67-1243 Māmalahoa
Highway. I’m the co-owner of Five Mountain Fitness. I just want to give you some facts today
about the Fitness Center because I think there’s some miscommunication. We are a corporation.
We’ve been in this same location for nine years without any problems. We do not run on the road
to cause traffic problems; we stay off the road. We don’t even go on the side of the roads. We stay
within the base yard. As for traffic, we average 3.7 cars per hour, and I have documentation for
that. Our gym operates within the footprint of the warehouse. We are not taking up agricultural
land. Some of our members are, it’s a very multi-generational group of people; we have kids as
young as 14, we have people as old as 90. Mr. Mills is not the oldest member of the gym by far.
These people depend on us to be there for their health and their wellbeing and the style of life that
they’ve chosen. Some of the organizations we work with are North Hawai‘i Community Hospital
and the Ho‘omalule Program. This is a program for Native Hawaiians for health, nutrition and
fitness. This is an OHA funded program and they depend on us to be there for them. We work with
Get Fit Hawai‘i, providing free classes during their operation for ten weeks for all their members.
We work with Parks and Rec on things like Sports Expo. We work with Parker School and their
powerlifting program. All these organizations depend on us to be there. These high school kids,
and you may hear from some of them today, they just qualified to go to powerlifting world
championships, and they depend on us that we are there so they can train. We also have athletes
that are Ironman, marathon, powerlifters, Olympic lifters, bodybuilders, some of these people are in
contest preparation now, and depend on us to be there. We have many competitors that compete at
the world level, and they depend on us, too. I realize we are on agricultural land, but Waimea does
not provide an industrial area for business like us. We can’t be in an office building. So we have
no options. If you close us down, we’ll go out of business. Our employees won’t have their jobs,
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will all collecting Unemployment, and the State will lose business revenue and taxes. So please,
please let us stay there and provide what we provide for the community. Thank you.
CASE: Good morning. My name is William Case. I live at 67-1243 Māmalahoa Highway. I don’t
want to repeat what Susan did. I am also the co-owner of Five Mountain Fitness. I’m a Native
Hawaiian, born and raised in Waimea, lived there my whole life. It has been a blessing for me to be
able to give back to my community by helping people in their fitness needs, by involving myself
and ourselves at Five Mountain Fitness with all these programs. I’m now the current coach at
Parker School for powerlifting team, and it has been an amazing journey working with those kids,
cannot even describe it, I never thought I’d be in the position to do that in my life. And if we are
not allowed to stay there, all of this would go away; all of what we do for the community would just
go away. And that would be a very, very sad day. I really, please, hope that we’ll be allowed to
stay there, be allowed to keep our doors open, be allowed to work and give back to the community
like we’ve been doing. It’s everything I wanted. Thank you.
BUCHAL: Good morning. My name is Mike Buchal. I live at 62-2034 Mahua Street. I have a
small agricultural operation called Bid Island Berry Farms. I fully support the amendment of
Lalamilo Partners’ special use permit to include all of the diverse activities on the property.
Continued operation at site with these diverse activities benefits agricultural development in
Hawai‘i County. I’m a tenant of Mr. Edney’s. I lease three greenhouse spaces for developing
blueberry, pohā and raspberry production. Although I’m new to terrestrial agriculture, I have
extensive background in food production and business development. Between 1998 and 2007 I
developed a ten-acre commercial seaweed and abalone farm at Natural Energy Laboratory of
Hawai‘i Authority, or NELHA. In 2014 I concluded a four-year term on the NELHA Board of
Directors as the Governor’s appointee. For those of you unfamiliar with NELHA, it’s an 870-acre
State-run economic development park at Keāhole. One of NELHA’s key functions and successes is
that that acts as a business incubator. When I saw Mr. Edney’s property, it reminded me of the
business model at NELHA. I sought a lease from Mr. Edney specifically because of many activities
occurring on the property. The diversified activities on the site are good for me as an agricultural
producer and good for a larger community for two reasons: 1) Development of value-added
products from agricultural production is a priority of the Hawai‘i Department of Agriculture and
USDA; as an agricultural producer, on-site access to a commercial kitchen and tenants producing
honey, ice cream, butter, baked goods, provides excellent opportunities to explore developing
value-added products; on-site access to refrigeration is an asset for cooling storage of my perishable
product; the co-located assets of Mr. Edney’s property aid my small business and benefit the local
economy; 2) Mr. Edney provides a necessary economic service within the community that allows
prospective agricultural producers to locate and try new things; at NELHA the master plan includes
a small portion of retail, commercial anchor businesses to provide cash flow and infrastructure; this
allows leasing of property, higher risk projects and lower revenue projects to grow and diversify the
economy. Mr. Edney is largely following the same development model. The gym and other
activities consume a small footprint, provide cash flow, and it allows Mr. Edney flexibility when
negotiating lease terms on the rest of the acreage to small agricultural ventures. Mr. Edney’s
approaches benefit me and other agricultural producers on site, and therefore, he has benefitted
Hawai‘i County. It will be a detriment to dismantle this small-scale economic development area.
I have two other comments. First, some of the tenants of Mr. Edney’s property may have no
alternative location. Limited availability and high-cost of locations for some types of tenants is an
obstacle to them locating in our community, and it should be considered in favor of amending Mr.
Edney’s special use permit. Two, irrational for opposition to the gym by Mr. Edney’s neighbors is
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that the users of the gym are being exposed to pesticide drift from the neighbors’ property, so the
gym should move; this is illogical and spurious, as the neighbor, as a pesticide applicator, is
responsible for exercising caution and not creating adverse effect on Mr. Edney’s property. I
suggest this concern of pesticide drift not be considered in the valuation of Mr. Edney’s application.
Thank you.
N. EDNEY: I’m Nancy Edney, the other partner in Lalamilo Farm Partners. I haven’t been too
involved in this. We talk about it every night, but anyway, and I need to read this because I can’t
memorize things anymore. We bought the property for Tropical Dreams almost ten years ago, but
we needed help to pay the mortgage. The property was not cheap then, either. The building was
there, so, you know, that’s what we used and we had all the additional greenhouses and things that
needed to be filled. We are both beyond the retirement age at this point. We got involved in the
community of growing things and helping out the community. We have been totally blindsided by
all these allegations and negativity. All we wanted to do was make our ice cream and help the
community. We were truly touched by all the positive feedback – sorry, I cry – coming from
people that appreciate our support, especially how they feel about having a gym that they can use –
sorry, I’m not a very good speaker. The Meadow Gold trucks were there when we bought the
property; there was never any complaints about them, so nothing really has changed about that.
And we do get all our dairy products from them that we need. The bread people make the product
here in a certified kitchen and not under a tarp as stated; they bake outside but they don’t make
things outside. We’ve all been approved by the Health Department and the FDA. This follows the
better production. Peter Merriman asked us to make butter a few years ago, because he couldn’t get
local butter, and since we use cream, it seemed a natural fit. We have one little machine and we
make it one time a week or every other week. There were never a problem with all these issues
when Honolulu Poi Company owned the building before; they had vegetable production in there,
and I just don’t understand why now all the problems. The spraying issue has come up and it’s
something new and the other side’s concern now. I don’t understand why; they’ve been growing
cabbage forever as far as I’ve seen, and I feel that a farmer can do really what they want to do. But
we were never warned about spraying schedule, and nobody ever seemed to be worried about our
health until this last year. I don’t understand why these people have said all the allegations against
us. I don’t understand their against, their hatred against our property; the buildings were here
before us, and our intention has been the best and not to take advantage of anything on Lalamilo
land. Thank you.
BEAUDET: Thank you.
HETZEL: My name is Andrew Hetzel. I live at 64-638 Puulapa Place in Waimea. As I’ve said,
I’m a Waimea resident and a customer of these artisanal local food production and healthy lifestyle
businesses. I’m also a senior trade advisor for the US Agency for International Development’s
Competitive Agriculture of High Value Crops program in the Middle East, and I’ve served similar
role in other ag value chain development programs in Africa, India, Brazil, China and elsewhere.
There were two reasons that we relocated my family to Waimea twelve years ago from Los
Angeles: the feeling of community offered by this town, and secondly, availability of locally
produced sustainable food supply. I’m here this morning because I believe this permit issue
potentially threatens both by the possible failure to approve this permit and by the precedent that it
might set. Differentiation is the word that is used in my trade to discuss the reason that consumers
pay for additional value in an agricultural product. Differentiation can be product quality,
convenience, the story of how crops are grown, or the relationship that the consumer has with the
producer and with the land. Without differentiation, agricultural products are commodities; they are
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purchased at the lowest price regardless of origin. Differentiation is critical for Hawaiian
agriculture to survive. As we’ve already seen with sugarcane, banana, pineapple, papaya, now with
macadamia and soon coffee; Hawai‘i cannot continue to engage in commodity crop production
practices when faced with the competition of global economy. We must charge a substantial
premium to meet our extraordinarily high-cost of productions. There is a reason that more
successful local farms like Kekela Farms, Honopua wild tomatoes, numerous Kona Coffee Farms,
and even Dole on O‘ahu, invite their consumers onto their properties, are actively engaged in
community projects, and maintain a visible position at weekly farmers markets. Familiarity is a
differentiating advantage for Hawai‘i that is beyond the reach of China and Brazil’s agri-business
industries. Consumers are more likely to buy from businesses and people that they know, and more
willing to pay a premium in support of those perceived to be similar to themselves. Seeing where
my food is grown and knowing the people who grow it is a source of local pride for me. I’m not
certain that those who never venture down Lalamilo Road feel the same way, and if they are willing
to pay the same premium that I do, which is necessary to preserve the farm land’s existence.
Businesses like Five Mountain Fitness, Sandwich Isles and the other artisanal businesses here are
supporting farms by promoting healthier lifestyles and bringing consumers like me, my wife and
countless others, to this farming area six days a week. Alienating the community from farming
areas and relocating the rabid gathering centers from farm lands is not the answer to preserving
Hawai‘i’s farming industry. We can only achieve long-term sustainability by welcoming the public,
creating new reasons for consumers to interact with and visit local farming areas. By removing
these businesses from Lalamilo Farm Lots, you’ll only be removing new and future customers for
locally grown food.
BEAUDET: Thank you all for your testimony. I’d like to call on the next six testifiers: Kevin
Cabrera, Mark Gordon, Manuel Bega, Michael Domeier, Brenda Resendiz and Jonathan – I’m
going to botch this one but I’m going to try – Saguceo? If you could each raise your right hand. Do
you swear and affirm to tell the truth now and before the Leeward Planning Commission?
TESTIFIERS: Yes.
BEAUDET: Thank you. We can start from your left.
GORDON: Thank you, Mr. Director, Mr. Chairman and Members of the Planning Commission, for
this opportunity to submit testimony. My name is Mark Gordon. My address is 68-1603 Laie
Street, Waikoloa, Hawai‘i. From my past 20 years experience and training in the environmental
health as an environmental, health and safety professional for the private as well as for the public
sectors, I believe that Five Mountain Fitness has not nor will it create any adverse environmental or
negative health effects on the local land area. I attend the gym at least on a biweekly basis. It is the
only gym close to Waikoloa Village. In addition to serving the Waikoloa area, many residents in
the Waimea and even the Honoka‘a areas utilize the gym. I understand that the County, as well as
the State, is very interested in small businesses, and desires such businesses to continue their
operations. If Five Mountain Fitness were forced to close down, the action would result in negative
impacts not only to the owners and staff but also its customers. The closure would result in a loss of
jobs and income for employees and owners, as well as a loss of a local gym to the customers. In
addition to that, the County, as well as the State, would experience a revenue loss. It is my
understanding that there are no industrial areas in the Waimea area to relocate the facility. Thank
you again for this opportunity to share my comments and observations. I suggest a vote for
approval of the Special Permit for Five Mountain Fitness.
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EXHIBIT B
DOMEIER: My name is Michael Domeier, 68-1825 Lina Poepoe in Waikoloa. And myself and
my wife are the owners of the Rare Hawaiian Honey Company, which occupies space at Lalamilo
Farm Partners. I have to question the logic of deeming our business in violation of the Agricultural
zoning. Three out of four, three out of four of the plate, or 75 percent of the food everyone eats, is
depended upon bees for pollination. And we are not just a honey company; we are also a bee
company. We have 500 hives. We’ve just finished, we get calls every year for pollination service
from farmers on the island, because the bees have been wiped out on this island since 2007 when
blow of mite was introduced. So we just finished pollinating over 600 acres of macadamia nut. But
in the facility is our administrative offices and that’s also where we finish our product for
distribution. So I firmly believe we are definitely agriculture; if you Google it, you will see that we
are one of the most important functions in agriculture. Thank you.
Just one more thing, I have a little bit more time, I also want to say we bought this business two
years ago, and in the contract for purchase we had to relocate the business from where it was in
Hōlualoa. It was really hard to find a place to move to that was in the area that we needed to work,
and I do think that John and Nancy Edney, they are critical, they serve a critical function in Waimea
as really important incubator for small businesses like Rare Hawaiian Honey Company.
RESENDIZ: Aloha. My name is Brenda Case Resendiz. And I, Bill is my younger brother, and I
want to say that I’m very proud of my brother Bill and what he has accomplished. When Susan
touched on one of the programs that they worked closely with, the Ho‘omalule Program, I was a
case manager for the program, and the program was a pilot program and it focused on addressing
the health needs of Native Hawaiian people. With the influx of fast foods and westernized foods,
we have seen an increase in health disparities, chronic illnesses with our Native Hawaiian
population. And so with the program what I witnessed was Native Hawaiian people up to 300
pounds, maybe even more, going to a gym with knowledgeable personal trainers and exercising
sometimes for the first time in their lives, eating better, exercising. And the result of that was better
vital signs, like Mr. Mills touched on, lower blood sugar levels, lower cholesterol levels, and it was
very important for our people. If you take that away from us, where will we go? Again, like Mr.
Mills touched on, when we go to the doctors, our physicians recommend exercise, exercise and diet,
and Five Mountain Fitness has been there for our Native Hawaiian population in that regard. So I
want to say that on a professional level. On a personal level I live with a chronic illness that I suffer
from chronic pain on a daily basis. And when people suffer with chronic pain, many times they
don’t want to move; they don’t want to exercise for fear that they will get worse. What my brother
did for me a few years back was teach me personally that movement is most important to lessen
chronic pain and to get better and to feel better and feel healthier, and that’s what he has done for
me personally. And in turn I’m able to give back to my community as a certified nutrition and
wellness consultant. So I want to say that I am in support of this. Thank you very much.
BEGA: Good morning. My name is Manuel Bega. I live at 64-640 Puuluna Place. And I’m in
favor of the special use permit. I’ve been attending the Five Mountain gym for about the past three
years. And as a result of that I got myself into pretty good, pretty good physical shape. And what
they taught me was not only how to exercise but the whole program; there is diet involved and the
whole wellness thing. And I’d like to see this, I’d like to continue going there. As far as a negative
impact on the community, I don’t, I don’t see any. There is no traffic problem. It’s not like an area
where you go to and there is loud partying. It’s a venue where our young people can go. So it’s a
total positive experience. And I’d like to see, you know, that continue. Thank you.
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SAGUCEO: Hi, my name is Jonathan Saguceo. I live on Kynnersley Road in Kohala. Driving
from Kohala to Waimea to go to the gym, there’s all these guys come in from Kona, from Hilo, so
it’s hitting all over the island. There’s people that come there to train, to make a better lifestyle. A
lot of people there come from the mainland, you know, vacations, they hear about the gym and they
want to come there, you know, I mean, that says something; coming on vacation and they have a
choice to go to gym at the hotels, but they choose not to, they go to come Five Mountain Fitness. A
lot of, like, it’s hit a lot of people, it’s hit people from the young ages to the old, trying to make a
name for Waimea. We have a lot of people who are trying to go to the world, powerlifting
competition, to make a name for Hawai‘i, you know. There’s a lot of people who just want to make
a better lifestyle for themselves. And I’ve seen such a positive influence that Five Mountain Fitness
has done for Waimea and all over. We need your help, please.
CABRERA: My name is Kevin Cabrera. I live at 68-1804 Laie Street in Waikoloa. I’m the owner
of Sandwich Isle Bread Company. I just wanted to say, maybe clear up what I am or what the
bakery is and is not. As far as foot traffic, we really bake a couple days a week or maybe a few
days a week all in all, and we take it to the farmers market where we sell it at the Parker School
farmers market in Waimea. And I believe that this has been a value added to the community as well
as, you know, enhancing the products that other vendors have to sell at the farmers market. We got
involved here on this property in 2008. Before that I was a chef down at the hotels; I was a baker
chef for Mauna Kea and other hotels. One of the reasons that I got out of the hotels was, being a
baker for that long, you know, I felt like I lived on the island but, you know, you just constantly
running and doing the job and you don’t really get, you know, connected in. When I left there, I
was inspired by the oven that’s being, doing the bread down at the Greenwell’s farm in Kona, they
bake Hawaiian sweetbread outside in the wood-fired oven there, they also do it, the Portuguese
Cultural Center has various baking spots throughout the island, that inspired me to, you know, put
my ovens outside, put one on a trailer to take to the farmers market to also, you know, kind of
explain about how it is and sustainable baking and give them a value-added product. We use a lot
of local products, a lot of local ingredients. And we are not big enough to do restaurants and hotels,
but we do a lot of work for private chefs and caterers. And I think we add to the community that
way as well. Thank you.
BEAUDET: Thank you all for your testimony. I just want to thank everyone for being mindful of
their time. We really appreciate that. We are moving along pretty well this morning, so thank you.
Next six: Weston Yamada, Uvonne Lindsey, Jenna Nakao, Pristeen Perreira, David Bahr and
Robert Teixeira. If you all could please raise your right hand. Do you swear and affirm to tell the
truth now and before the Leeward Planning Commission?
TESTIFIERS: I do.
BEAUDET: Thank you. If we could start with you.
YAMADA: Hi, my name is Weston K. Yamada. Address: 23 Waiākea Place, Hilo, Hawai‘i
96720. I come here today on behalf of Five Mountain Fitness to please approve the Special Permit
they need to stay open. Give you a brief quick background of me, I used to be a 300-pound
epileptic. All right? Because of Bill, Susan, everyone here today I managed to lose 165 pounds. I
represent Hawai‘i through obstacle course racing, Spartan Race, around the world. You know, it’s
hard to let go family. Everyone you see here today, it’s not just individuals coming to the gym to
work out, to stay healthy, to get on their fitness quest; but it’s a family coming together in one area.
And how, how would you feel if we close down the gym and family can no longer see each other,
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EXHIBIT B
you know? It’s, it can’t happen. So please, I ask of you, please approve the Special Permit so
family can see each other every day, push one another every day, and also inspire others to do what
they want to do. Thank you.
LINDSEY: Aloha and good morning. My name is Uvonne Lindsey. I’m a resident of Waimea.
Growing up in Waimea, the latitude has always been small business. However, as time changes, so
does prices. It’s expensive now. The T. of Waimea offers more rent, more percentage rent and
more common area fees. This agricultural business needs to diversify itself to become sustainable.
Five Mountain Fitness found its home right there. There are so many that partake of this Fitness
Center, like Mr. Mills has been there for nine years. And it provides much more than fitness; it
provides wellness to our community. Some of the senior community to students of all of the local
high schools and middle schools, they are all there. Many travel from afar. And without this
Fitness Center I think we have no venue, because without this location there is no venue for this
Fitness Center. So we ask you to please support the current location for Five Mountain Fitness.
NAKAO: Good morning. My name is Jenna Nakao. I’m at 67-1227 Māmalahoa Highway. I have
been a member of this gym for about six and half years now. And it’s actually one of my incentives
at the end of the work day. As an educator I look forward to going maybe five to six days a week, if
I can, and it’s just, like they mentioned, it’s a sense of family, it’s a sense of community. We go
there with the goal of not only achieving our health but also our mental and physical wellness to
help the community really. It’s about supporting the small businesses that support the community
and helping them succeed. And as an educator I feel that you need to be adaptable to be successful,
as well as collaborate and communicate, be open, if we need to educate everybody as to the purpose
of why things are happening, and when you have people that are educated, you are going to have
more successes in the community.
PERREIRA: Good morning, Commissioners and staff. Thank you for being here. My name is
Pristeen Perreira. I live at 64-163 Makaloa Loop in Kamuela. I have been a member at Five
Mountain Fitness for about three and half years. And like Wes and Jenna have said that they are
like family. Bill and Susan are not only wonderful people but they are awesome trainers and
supporters and motivators. I decided to go to the gym, one day, heard about CrossFit, they were
offering a free trial, went to the class, fell in love with it, signed up, took a break, had my son, I
came back, eagerly returned. And one day Bill and Susan said, “You should do this competition,”
had no idea what it was, World Association of Benchers and Deadlifters League. There was a
competition last year February in Hilo. I competed, I enjoyed it, went to State’s in O‘ahu, and I
traveled to World’s in Las Vegas last November, I took World Champion for my age and weight
class for the deadlift; I did a 358-pound deadlift. And it’s all thanks to Bill and Susan and Five
Mountain. The gym only provides positive things for the community, for people in Waimea and
other places who travel there to come and work out. It’s, you know, for me and others, it’s your
time, it’s a me-time. Being a mom, being a wife, being an employee, I look forward to going there
and just, you know, having a great workout and seeing other family members. And I plead and ask
for a special use permit to keep Five Mountain open. Thank you.
BAHR: Hi, my name is David Bahr. I live at 12, 67-1266 Puaena Street in Luala‘i Subdivision.
And I’d like to thank you for the opportunity to speak today. I am here on behalf of Five Mountain
Fitness. I’ve been a member for the last three years. And I checked to see what the alternatives
were, if Five Mountain Fitness were to close its doors. And that involves either driving a round trip
50 miles to one of the hotels or to Kona, which is about a 100-mile roundtrip. And the real cost of
an alternative is about 150 dollars or more to drive all that way. It also involves a lot of time about
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EXHIBIT B
24 hours a month more to go three days a week to a gym that far away. That’s time and money that
most of the members don’t have, which may be a good thing because if we all did do that, we would
be putting 5,000 gallons of gas into fumes into the air, polluting Hawai‘i’s air. Now, if it does
close, there are a few things that we have to gain; we can gain back everything we lost when we
became members of the gym; we can get back all the weight that we lost, we can get back all the
high blood pressure that we lost, we can get back all the aches and pains and stiffness in our joints
that we had before we were working out, and these are the things that we have to look forward to, if
the Special Permit isn’t granted to Five Mountain Fitness. Oh, and on the side, we do need those
honeybees that they are out there. I do self-sustain gardening in my yard, and the trees just do not
have nearly enough bees to make the fruit. It’s just, they need to be there as well. Thank you.
TEIXEIRA: Good morning, committee. I’m Robert Teixeira. I’m at 64-707 Aoakua Place. And I
am a member of the Five Mountain also. I like the smell of the bread in the morning because they
work at 4:00 a.m. And I smell their lovely bread and, you know, there is a positive flow going
through the gym, and they open it up, and it’s like a, very rewarding for me to start early in the
morning, get up, and there is a, again, there is a positive flow of the members, about five to ten
people show up, you know, within the 4:00 to 4:30. And then throughout the day, Bill and Susan
have been very good as far as accommodating everybody and opening the long hours. And I go like
six days a week, and it’s a real benefit for me, because I just went to the doctor, and the doctor said,
“Do you still work out?” I said, “Yes, I do.” So it’s a steady thing that I do six days a week, and
I’m proud of it. And all the members there, we have a good time in the morning where we talk
story a little bit, but we work out most of the time. But anyway, thank you, committee, and I hope
you guys permit us to stay. Aloha.
BEAUDET: Thank you, everyone. I’d like to call now Juliana Kasberg, Tracy Cassinelli, Chris
Robb, Tadyana Kawai, Ellen Pavitt and Jessica Muskat.
KASBERG: Hi, aloha, Members of the Commission --.
BEAUDET: -- One, one second.
KASBERG: Sorry (inaudible).
BEAUDET: If you could all please raise your right hands. Do you swear and affirm to tell the truth
now and before the Leeward Planning Commission?
TESTIFIERS: Yes.
BEAUDET: Thank you. You may now proceed.
KASBERG: Sorry, I’m a little nervous. Aloha, my name is Juliana Kasberg. I live at 62-1152
Puahia Street in Kamuela. I’ve been a member of Five Mountain Fitness for over nine years and
also a Parker School parent. I would not go anywhere else. I started going to Tropical Dreams Ice
Cream, and then I learned about Five Mountain Fitness. And I used to tease them that with every
five gallons of ice cream I will have one fitness class, or vice versa. And then, but I feel well
prepared at any wellness challenge because of the support we see by Bill and Susan. Bill is well
trained and committed. He’s doing what he loves. And we are very fortunate for having a place
like Five Mountain Fitness in our community. We can supply you with a list of their
accomplishments from taking a small school, Parker students, and opening up their worlds to fitness
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EXHIBIT B
for their mind. They support regular folks like us. I found a family in Five Mountain Fitness. I
build my schedule around Five Mountain Fitness, and my best friends are with Five Mountain
Fitness. Waimea needs more places like this to call home. Fitness, healthy eating, buying local, it
all goes hand in hand. This is what our community needs. And in this day and age where many of
us are struggling, we should join and work together to reach a common goal. This is in Waimea; if
another organization is struggling, we all want to step in and help out. So we just ask for your
support. And thank you for any consideration.
CASSINELLI: Aloha. My name is Tracy Cassinelli. I live at 68-3744 Ua Noe Place in Waikoloa.
I’m a school teacher at Waikoloa Elementary and Middle School, and I’ve been a member of the
gym for about three and half years because there are no gym facilities in Waikoloa Village. I was
introduced to the CrossFit program by my friend, Nicole Vedelli. She is a teacher at Parker School.
I’ve suffered from rheumatoid arthritis for 20 years, and the gym is actually what helps me control
my pain. Bill and Susan have created an atmosphere of family at the gym and that’s the true reason
I continue my membership. I have many friends of the gym and I continue to recruit my friends to
join the gym. Bill and Susan are flexible with their hours whereas other gyms are strict with their
hours of operation. And for these reasons I support Five Mountain Fitness remaining in their
current location, and I request approval of the Special Permit. Thank you.
KAWAI: Good morning. Thank you for this time. My name is Tadyana Kawai. I live on Kalake
Street in Kamuela. I come to you with over 14 years of experience in the medical field, with special
training in chronic illness and disease and comorbidities. That being said, the majority of the origin
of I would say at least 85 percent of diabetes, hypertension, anything that you can think of, comes
from a lack of nutrition, and that comes from also a lack of education. That being said, every
member there at Five Mountain Fitness – if you can’t tell, I’m in support of the, this approval of
special permit use – every member there represents a spouse, a child, a parent, an aunt and an uncle
who isn’t there, that they can learn from, because you don’t always know how to take the step
forward in your health. It would be hard-pressed to find anybody, and I haven’t yet, especially in
this state, who hasn’t been touched either themselves or with a family member or friend, that
doesn’t suffer from high blood pressure or diabetes or any of these other things here. A real world
example is just through my time at Five Mountain Fitness myself I’ve overcome addiction, I’ve
overcome eating disorder, I’ve touched my family in a way that my husband has learned to, who has
already suffered at 35 years old a heart attack, he has dropped 60 pounds in weight, he’s still got
more to go because he is still at 280 pounds, he is learning a good way to live. My parents are
learning a good way to live. My brother has gone on to UH Hilo and is majoring in Kinesiology,
because now he wants to be a personal trainer and touch others. My 14-year old son has reached
out to his advisors at school at Kanu o ka ‘Āina, who have no experience in this; he wants to bring
the powerlifting team there because he’s seen what Bill can do with the kids at Parker School.
You’ve got generations here. One person, one person is a ripple in the time and longevity of their
generations. So I ask you, please, every wave begins with a ripple and we know that, we are asking
you to please not drain our resources, our precious limited resources. Mahalo.
MUSKAT: Aloha, I’m Jessica. I live at 62-1319 Haleola that is close to Kawaihae. Five Mountain
Fitness has been a positive influence on not only me but also our community, Parker School. Most
of us go there to relieve stress after a long day or we have goals. I’m a powerlifter myself. Bill and
Susan have – sorry – they’ve created a new dream for most of us – sorry – a dream to become
something and do well. They are a small local business, and I think that they are a benefit to our
local economy. Like they were saying earlier, we are family there. A lot of people come from all
over just to train with us. And I think that if you take that away, you are not only taking away a
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business and jobs, you are taking away, you are taking away dreams of young kids and us as adults.
So please let us be there.
PAVITT: Good morning. Thank you for your time. I’m Ellen Pavitt, 64-667 Puu Noho in
Kamuela. One thing that I, really stands out for me in this is that apparently the gym has been
operating without problems in this neighborhood for nine years. So to me that predicts that the next
nine years or however much longer they are there could go just fine, and I think that’s really
important to think about. I’m obviously supporting the, I hope that you’ll give us a special use
permit for Five Mountain Fitness. I really, everything I’ve heard from everyone there is one more
thing that stands out for me is I’m receiving a type of training there that I haven’t been able to
receive; Bill does a workshop in Olympic lifting, and it’s, it’s hard to find someone who can train
you in that and do it correctly, and Bill does a fabulous job on all levels. So aside from the fact that
there really is nowhere else for this gym to go in Waimea from my understanding, what they are
offering is a very unique service. So thank you for your time.
ROBB: My name is Chris Robb. I reside at 65-1171 Spencer Road in Waimea. I’m a farmer in
Lalamilo. I am obviously the minority testifying against this particular venture. I have nothing
against the gym; the gym is a great community benefit. The problem is the venue. Agriculture is
always under threat. The bill against the seed companies on Kauai was based upon dust and drift
from pesticides. When you are a farmer, I can still see my pathology professor standing, when you
are a farmer and you’ve got a problem, deal with it today because tomorrow is too late. Okay, the
Hirayamas are adjacent to this farm. They’ve been farming there for over 40 years. If they got an
insect outbreak, if they have a disease outbreak, they’ve got to deal with it. The common
population does not understand farming; you do not see the necessity of what the farmers have to
do. So their rights are being infringed upon by this gym being at the location. It’s not a proper use
of agricultural land. This County shut down Hokuli‘a because it was improper use of agricultural
land. Urbanization is problem; the urban sprawl in Waimea area is getting closer and closer to the
farm lands. We fought the County for five years against the connector road that would have gone
through the farm lots and jeopardized the viability of our operations. We finally won with this
administration; he put it on the back burner. And, yes, their members do jog up and down the road,
and, yes, there are traffic problems associated with that. So obviously, I’m not going to be very
popular here, but this is not the right venue for this operation. It’s great opportunity for the Ranch;
they have much more land available to develop something like this. There is State land, there is
other venues within town that would be much more appropriate for this. Thank you very much for
your time.
BEAUDET: Thank you. You may please take your seats now. I’d like to call on now Shellie
Gressard, Molly Harris, Aiden Crawford, Kaneala Ablao, Annegret Patig and Garrett Davis. Could
you all please raise your right hand? Do you swear and affirm to tell the truth now and before the
Leeward Planning Commission?
TESTIFIERS: I do.
BEAUDET: Thank you. We’ll proceed with you.
NOTE-GRESSARD: My name is Shellie Note-Gressard. Good morning. And I live at 65-1110
Hoku‘ula Road. I am the Assistant Head at Parker School, and I’m in large part responsible for
bringing Bill Case to Parker School as a coach. About 15 months ago I asked Bill if he would not
train a team for me, because I work at a very small school with limited physical activities facilities
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EXHIBIT B
and we can only do so many things with what we’ve got in terms of sports. Bill agreed only if I
would start powerlifting myself, and so I did. I was coerced into doing it. And what I found was
not only do I love it but I was entering a community that I had no idea that existed. I’ve been in, I
have friends on O‘ahu now through powerlifting, I have contacts, and I have entered a community
that’s amazingly supportive. Going into a gym or facility and seeing incredibly massive people can
be overwhelming till you know that all they care about is your success and that you are doing well.
And that was environment I wanted the students that go to my school to be a part of. And so we
chose to bring eleven students from Parker School over to the gym, and they were speaking of them,
you will hear from some of them now. I think the reason that I wanted to do that more than
anything was to give these kids another connection to their community, not just in Waimea, not just
at their school, but everywhere; it’s important for them to know adults and for adults to know who
they are in order to build the community that we live in. And more than anything else that’s what I
feel is important. I have some students with me here today. One student is a young man who is 16
and who is on a college trip this spring break, and he wrote me a letter and he asked me to read it
out loud today, and I’m going to. And I think he speaks very clearly to what it is Five Maintain
means to us and why it’s important that they are allowed to stay:
“The meaning of the word ‘strength’ has become increasingly abstract concept. The popular
ideology is that people are considered strong because of the relationship they form, because of their
friends and families, because of their own confidence and moral integrity, not because of the literal
strength of their bodies. The problem with that kind of abstract strength is that a function is in the
way that is often impractical in terms of everyday wellbeing. Speaking as a teenager, the kind of
goals I work toward in a long term often leave me feeling somewhat powerless. Goals like college
and what life is going to look like from then on all seem so distant that it’s impossible to tell you if
your efforts really will make a difference at all. For all the hard work you put in you still just have
to wait and see. At that point it becomes important to have something to inspire faith in yourself in
a much more concrete sense. This gym, Five Mountain Fitness, has given me and my friends an
opportunity to gain the strength. This gym allows me and my friends through nothing but our own
hard work and dedication to become stronger. There is no abstraction, no wait-and-see; you come
in, make the effort, and even on a week-to-week basis you become stronger than you’ve ever been
before. Having the real sense of progression, when other objectives are so hard to qualify, is a way
to without a doubt solidify your ability to move forward no matter what. The reason that this
particular gym is so important then, because I’ve lifted weights and gained strength in many other
environments, is because it allows the people of Waimea to make the progress, the struggle,
together. There are people, school mates, acquaintances, even random people I see on the street to
whom I would normally never give a second thought to. Once you’ve trained with someone, be it
your Spanish teacher or some dumb freshman, sorry Dalton, once you’ve seen them struggle to
complete a lap, seen them become stronger, better, more than they ever thought they could be, you
really have no choice to but become their brother. This battle forward unites people in a way that
I’ve never witnessed elsewhere. Waimea is a small town and in many ways concern more with the
spirit of the law than a letter. I know there are dozens of homes and businesses technically on ag
land that have been and will continue to be there for years. I feel that this is not because of any
bureaucratic technicality that allows them to continue but because there is a recognition that those
people and their lives are more valuable than those technical stipulations. This gym is a special
place where people of Waimea come together to grow strong as individuals and as a community.
I’m not a lawyer or politicians, so I honestly don’t know what the legal grounds there are against
us --.
BEAUDET: -- Excuse me, if you could, if you could just summarize --.
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NOTE-GRESSARD: -- “In that matter,” – I’m almost done – “all I know is that this gym is
removed, if this gym is removed from Waimea, these people will lose something very, very
important.”
BEAUDET: Thank you.
HARRIS: Thank you. Good morning. My name is Molly Harris. I live at 65-1152 Hoku‘ula
Street as well in Waimea. First of all I have a question for the Commission, please. Can I see a
show of hands for how many of you live in Waimea? One. Can I see a show of hands for how
many of you go to a gym? One, okay, okay, two, that’s great. I’m here not only as a member of the
gym for the last four years, my husband and myself, I’m also their real estate agent. I work for
MacArthur Sotheby’s in Waimea. And I can tell you that in addition to Susan and Bill right now I
have four other clients who are desperately seeking commercial space in Waimea. It’s virtually
nonexistent. And if it does exist, it is at such a premium right now we are about 400 percent over
market value for what really should be the cost of retail space or commercial space or office space
there. To further mount the challenge against them financially with looking for an alternative, they
also are limited based on non-compete laws, with two other small gyms that are in town – which are
completely different kinds of gyms, they don’t have equipment, they don’t have machines, they
don’t do the same kinds of classes – they can’t be in the same plazas where those two are at.
Further, because of construction needed for the kind of equipment and load bearing walls and floors
and everything else that they have for the type of gym that they run, there is no other structure
physically available in town that they can move into they wouldn’t have to build up themselves.
This is really a problem for all of Waimea for other businesses, medical professionals that I have
looking for space as well. We have a huge shortage of space. What is available is not an ideal
locations and again the cost to build right now is absolutely insane. As their friend and as their
marketing consultant, I would tell you that their location right now in Lalamilo Farms is not ideal;
they get no road signage, they get no road frontage, they have awful parking, I have to walk through
the dirt to get into the gym every single day, they’ve got no covered area, the gym cannot expand,
they have no way to get the word out that Five Mountain exists. Yet, you have all of these
compelling people here telling you how much it means to their lives and how many more people we
brought into this gym, because we need it, we’ll go anywhere for it; if you can help us find another
spot for it that works, that’s great, but right now there is nothing. So we at least ask for a stay of
execution, and hopefully, we can find something else long-term. But we really would prefer to keep
this our home. We love this little place. I love that I walk in with my dirty shoes every day and Bill
has to clean it up in the morning. Doesn’t matter. I’m with my family. We are all getting a healthy
life. My daughter sees me going to the gym every day. She’ll be going there, too, when she is old
enough. We appreciate your consideration. Thank you.
WAI‘OLENA: Good morning. My name is Pamela Wai‘olena. My address is 64-5299 White
Road, Kamuela. I am speaking from my heart today. I was going to write something, but I said no,
I want to speak from my heart. At age 57 I became a personal fitness trainer, first for 24 Hour
Fitness, and then I became an advanced personal fitness trainer for the National Academy of Sports
Medicine. So for three years I spent my life from 57 to 60 as a personal fitness trainer. I am very
thankful even though it was late in life that I gained this understanding of my physical situation, my
body and how to take care of it. In June I will be 70. Unfortunately, I don’t have the money,
because of very low fixed social security income, to keep my gym membership regular, but I do as
often as I can. And I even ran into problems lately; December, January and February I was unable
to go to the gym because my rent went up 100 dollars, knocked out my gym fee. However, I was
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able to work with Susan who has set up a situation for me to continue to be able to afford the gym.
That is very vital to me, because when I don’t do my five-days-a-week exercise, as I haven’t been
doing for the last three months, I get sick. I got the nasty international bug that started out with the
cough and ended up with congestion back in February; that was two months of not being in the gym
on a five-day-a-week basis. So I know what happens as we age, and I know how much my body
needs the facility in Waimea. I do not have a car, which keeps me from being able to go anywhere
else. As it is, I have to bike to the gym because there is not a bus that goes out the direction.
Sometimes I walk, sometimes I hitchhike, but I get there, if I can afford it, because it’s important to
me. There is no possible way on this planet that I would be able to do this, okay, at my age without
going to a gym on a regular basis. Please do not take this from me, okay? My health is extremely,
extremely important to me. Without Five Mountain Fitness Gym in Waimea, you take away my
right to stay healthy and well and to be able to do everything that I need to do on this planet with
wellness. Please grant the Special Permit. Also do it for Kevin’s bread family; I eat his bread when
I can afford it, which isn’t very often. But do it for the honey people as well; I don’t buy their
honey, but I certainly prefer honey to sugar. I hope other people will learn that as well. And the
butter, well, that’s part of the Ice Cream. So I ask that you grant us the Special Permit. So those of
us who know and understand that our bodies are what keep us going, that’s the only thing; if you
don’t have your health, you don’t have much else. Please pass the Special Permit for Five
Mountain Gym to stay in its place where it is now. We need this in Waimea. Thank you all for
listening and for your positive vote on this Special Permit, okay? Mahalo.
CRAWFORD: Hello. My name is Aidan Crawford. I live at 68-1376 South Pauoa Street. And I
am right now speaking in favor of this, what is it, permit. First of all, I would like to say that I’m a
Native Hawaiian. Most of my family is Native Hawaiian. And with this I’ve learned the
importance of livelihood, perseverance, culture and hard work. But along with that I’m also a
student, and with that I’ve learned the importance of mental, physical and emotional strength.
(Secretary’s note: Commissioner Nobriga left the meeting at this time, 11:24 a.m.) Now, along with
this I would like to say that the main populous of prisoners in Hawaiian jails are Native Hawaiian
themselves. They are in there for DUI, domestic abuse, public displays of intoxication and illegal
narcotics. That’s just what I could remember at the time. And along with that kids my age are
more likely than they’ve ever been to partake in sexual activities, drug intakes, drinking, stealing,
committing crimes, felonies, etc. Now, after school every day I have two hours to myself; my
mother works all day and my father is not here for, to support us. So I have to wait two hours in
Waimea until my mother is done with her work to come pick me up. There are two unmonitored
hours that I have where I can be doing anything that I want. And instead of having sex, doing
drugs, drinking alcohol, I decided to walk the mile from my school to the gym and then work out
for an hour and then afterwards I study for half an hour outside of the building. And along with that
I also know that next year if for our Parker School powerlifting team there will be even more
children joining, and I can only imagine them being able to make the same decision that I have in
that say no and go to the gym. Thank you very much.
ABLAO: Gentlemen of the board, Aloha. My name is Kaneala Ablao. I live at 64-646 Puu Pohu
Place. And I’m speaking in regards of Five Mountain Fitness today. Brief history of myself, I’m a
graduate of Utah State University with a Bachelor of Science in Exercise Science. I also have an
Eagle Gate College CPT, Certified Personal Trainer. I’m also a National Strength and Conditioning
Association personal trainer. And I mainly say these things because Five Mountain Fitness plays
the role in why I have these success for journeys. Recently I became part of the powerlifting team
that Bill and Susan allows, and I took the role to better myself as a bodybuilder. So I bodybuild as
well to build a better foundation so when I go back to bodybuilding, you know, I have that present.
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What I want you guys to understand now is the, I want to say, the mind jewels that we pick up
through these types of training. It’s not just about the physical changes that we all go through at the
gym, it’s about the journey that starts from the beginning and the things that we pick up as we grow
that makes us better as an individual. Who could, anyone could say or anyone can say, “I cannot
lift 500 pounds,” or “I can’t deadlift 600 pounds,” or something like that; you won’t know until you
try, right? And in order to be successful you need to start somewhere. Susan and Bill allow the
opportunity for us to start. And by not allowing us to be there, you will take that away from us. So
please, please consider and allow us to continue to chase our dreams and be an inspiration to others
to start chasing their dreams, because if you take that away from us, we are going nowhere, no one
is going to chase their dreams anymore. Thank you.
PATIG: Good morning. My name is Annegret Patig. I live on 62-2081 Mahua Street in Waimea.
I moved here three years ago from Germany, and I did not have the impression that Waimea has an
urbanization problem, because I had the feeling there wasn’t very much to do. And it took me five
months to find Five Mountain Fitness because they were hiding behind an ice cream place without a
sign. I drove by, my daughter finally took her driver’s lessons in the area in order to find the fitness
studio that we finally found. So I’m glad that I can go there about four times a week. I need a
strong back because I have four children; I’m carrying them through daily life, I think, more or less.
So when they come out of school, I’m there for them, and I need something to do in the morning. I
love to hike, I love to be on a bicycle, I keep running into fences and kapu signs around me
wherever I go, so I thought I need something more intense; this is why I’m going to the gym. I’m
so happy I found them, and I really want them to stay there. I wrote this letter with my friend,
Karen, who also, Karen Anderson, who also comes to the gym very often. Everything that’s on
here has been said except for one thing; Bill and Susan are great business people. That’s what I can
see and tell. With such a small community population as Waimea has, it is hard to make any
business that caters only locals work. Bill and Susan have found a way to provide a great service
that the community can afford, and that’s something I have to say. My children go to HPA and
there are so many parents who just easily without blinking become members of the resorts for 6,000
dollars a year; I cannot afford that. So I’m so happy that we found something that we can all afford,
and that we can go to gym. And if our gym would have to move, I think the fees would have to go
up and the clients would leave, and I think the business model would fall apart. So please keep it
alive.
BEAUDET: Thank you. Somehow we had a mix-up. We are going to recess for five minutes.
RECESSED The Chair called a recess at 11:35 a.m.
RECONVENED The meeting reconvened at 11:42 a.m.
BEAUDET: Planning Commission will now come to order. Okay, thank you, we are going to
reconvene. Somehow we had a mix in the lineup of testifiers; I called on Garrett Davis but Pamela
Wai‘olena came up. So I’m going to call on Garret Davis again, if you are present, please raise
your hand. Garret Davis, Garrison Davis, Mike Among, Thomas Bastia, Dalton Franco and Jojo
Tanimoto.
KANUHA: Mr. Chairman?
BEAUDET: Yes, sir.
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KANUHA: I think we should note for the record that Commissioner Nobriga left at 11: 24.
BEAUDET: Thank you. If you all could please raise your right hand. Do you swear and affirm to
tell the truth now and before the Leeward Planning Commission?
TESTIFIERS: Yes.
BEAUDET: Thank you. We’ll start to the far left.
GARRETT DAVIS: I am Garrett Davis. I live at 75-5810 Kakalina Street here in Kona. And I just
want to say that this gym, at the beginning of this school year I’m on the Parker School powerlifting
team, it’s been a completely new experience that I never thought I would ever be in. When our
Associate Headmaster, Ms. Gressard, brought up the possibility of a powerlifting team, a bunch of
the guys that were in school and actually one girl, who couldn’t make it to stay, and she’s the one
girl in our class, and we were all extremely excited about it. And we went to this gym out in the
middle of like a farm road, and I had never known it had been there before, and we got there, and
we walk in, see Bill, I saw him around but I never really knew who he was, and I saw Five
Mountain Fitness shirt, and I never knew that this guy would make such a big impact on my life.
I’ve been working out there since beginning of this year, and I’ve gotten substantially stronger, like,
I moved 450 pounds of weight in a deadlift, working out at the gym, and it’s something I never start
to be able to do. And now I’m going to the World Championships this coming November, and it’s
such an amazing opportunity. And I feel like if this gym wasn’t there, I would have never known
that I could have done these thing with my own self. And it builds so much like strength. And we
have like a sense of family in our powerlifting team like a bunch of the guys I didn’t, I was friends
with a couple of them, but I wasn’t like as close as I would be now, and it just, this whole gym
experiences, it’s a bonding experience, through a whole family of people, that now I see walking
through Waimea and now I know who they are, and it just has widened my experiences with other
people in the community. And I just really hope this gym can stay open, because it’s just a very
humbling experience to know everyone and to grow strength in myself. Thank you.
GARRISON DAVIS: Hi, I’m Garrison. I live at 75-5810 Kakalina Street in Kailua-Kona. I go to
school at Parker School, and I’m on the powerlifting team. And it had always been a dream of mine
to become a powerlifter. And there is nothing at our school to head off for that; we only have a
small gym with a conditioning class that mostly works outside. And I, in my sophomore year, I
enrolled in the conditioning class, but it just wasn’t doing it for me. And Ms. Gressard came to me
with the possibility of a powerlifting team and I was ecstatic, I was super excited. All of my
classmates that are on the team were super excited. We all got together and we made it happen.
And like my brother said, we walked into the gym and we met Bill, and I was super excited to meet
him; I knew, I had heard of the gym once before, I knew what he could do and I was just looking
forward to my experiences and what I could do. And during the time I lifted there I increased my
deadlift by almost 200 pounds. I can now lift over twice my body weight. And it wouldn’t be
possible without Bill and Susan. Every class when we walk out, we always shake their hands, and
say thank you, because without them there none of us would be where we are today. And I just
want to say thanks to Bill and Susan for being there for us and supporting us. Yeah, I hope the gym
can stay there.
BASTIA: Aloha. My name is Thomas Bastia. I’ve been lifting weights for 35 years, and I can tell
you that if I didn’t have this release to go work out with weights, I’d be severely depressed. Sitting
next to these kids right here, I have a son who is also in Parker School, it seems what these guys are
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doing is really remarkable. What’s going on at this property, to me, really is, this small piece of
property is so beneficial to our community, you know, I work at a hotel, Tropical Dreams,
Sandwich Isle Bread, the gym, everything else. To me, I want to come out and say, you know, I
support farmers, I think farming, you know, I really just, but to me, it’s really selfish when this gym
has been here for nine years and we haven’t heard anything about this for nine years. There is lots
of, you know, unintended consequences that could happen, if you shut us down. You see, for every
person that’s in here now, there is probably at least ten that wish they could come here to testify.
And, you know, I’ve never gone to one of your meetings before, but I’m pretty sure that you don’t
have this kind of turnout at your normal planning meetings, you know what I mean? So, you know,
I really hope that you can see that there might be other things we can do to mitigate the
circumstances; maybe farmers don’t spray on windy days or give notice when they are going to
spray. I understand all that, and I’m, you know, I’m all for farmers, but, you know, taking it away
from our community would be really detrimental. And I really hope you consider that. So, thank
you.
FRANCO: Hi, my name is Dalton Franco, the dumb freshman. I would just like to say that these
guys are just like my brothers and Caleb (phonetic) my sister and then we have Mrs. Gressard, and
Mama G. (phonetic). She has taught me so much about lifting and just about life. Bill, over there,
has been such a nice person to me, letting me to come to the gym almost every day, to come lift
after school. He, him and Susan have pushed me and pushed me to the point where I love them.
They’ve helped me through hard times, and I really thank them for that. I’ve, last year I was
diagnosed with borderline diabetes and high cholesterol. I did not lose any weight, but I have
gained, and I am now clear of that, of my cholesterol and pre-diabetes. And I’d just like to say that
this gym is like my home. And that’s all I have to say, and please let the gym stay.
TANIMOTO: My name is Jojo Tanimoto. I actually live in Kawaihae. I don’t go to the gym. I
have a special inte-, oh, I’ve got to make sure that I say I’m speaking for myself, okay, I’m not
representing nobody, and I wrote it down, speaking for myself, okay? So I don’t go to the gym over
here in Waimea. I actually come to Kona, and so it does cost money for gas like the poor guy said.
But that’s my choice, okay? I know about the farming being in it for over 35 years. So I am, I’m
not saying this way or that way about that. The area that we are talking about happens to be in an
ag area. And the thing that really gets to me is you hear all of these supports for the incubator
companies, and they are saying there is no place else for them to go. And the County should be
listening and looking to expand infrastructure in the South Kohala District, all of South Kohala.
But because this is about Waimea, it has to do with their infrastructure in Waimea. So I know I’m
talking way beyond just this one five acres right now, but there should be an outcry from the
community because they support the company so much, as you can see, the majority of these people
do use the facilities on this five-acre property. But basically the properties all belong to Parker
Ranch and Hawaiian Home Lands. So the County should be listening, like I say, about expanding
infrastructure so that these people can actually be moving on.
As far as for the Special Permit itself, I did have a purpose for going to Lalamilo Farm Lots to go
take a look, and I got stuck at the fence; the traffic was coming out, so you’ve actually got to wait
on Lalamilo Road in order to try fit inside the fence with the traffic coming out. It’s like, it’s an
impediment, yeah? And then when you get inside, you’ve got to pass all these cars, it’s kind of
confusing and maybe even dangerous. But that can all be taken care of, I think. But I think maybe
that should be a consideration for this board. The other thing I want to say is how it’s going to
affect me. I’m a farmer but I’m not even in this community. So if I were to compare how it’s going
to affect me, depending on your decision, that is what interests me as well. So these people have
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been here for a long time. I don’t think they even knew they had all that stuff inside there or knew
it was violating any kind of rules, because you do your job on a farm and you don’t bother the
neighbor, you know what I mean, as much as possible. The poison goes to next door, they are
going to come to your house real quick. So since I speak English as well as all these guys, I do
better at pidgin, I would like to ask all of you, since you are going into executive session, then we
don’t know what you guys are going to come out with, that you also consider people that are not in
this particular area that’s looking for, because Waimea got lots more permits coming up for small
businesses --.
BEAUDET: -- Thank you, Ms. Tanimoto --.
TANIMOTO: -- that are looking for another venue to put their businesses in.
BEAUDET: Thank you.
TANIMOTO: Thank you.
AMONG: Good morning. My name is Mike Among. I live at 64-5290 Puu Nani Street, Waimea.
Retired from the PD 30 years. I joined this gym when they were at another location, which got
closed, joined them again. I’ve been with them through three surgeries, two on my knees and one
on my heart. And nine weeks after my heart surgery I went back to the gym. So my cholesterol
down, everything down. I have friends that are farmers in Lalamilo. We’ve just got to work
together to see that something good can come out of this where everybody, you know, can sustain
good livelihood and not hakakā with everybody. The gym serves a great purpose for the
community. Location is small and, you know, but there is always room in the gym for everybody to
get along, enjoy their time there, stay healthy. And staying healthy you buy more vegetables, you
get more salads. So it works hand in hand, okay? We all appreciate that you give us the Special
Permit that we can stay there and enjoy a long life. I’m 65 years old and I’d like to be a little bit
older like Mr. Mills. Thank you.
BEAUDET: Okay. Thank you all for your testimony. I’ll now call on our last two testifiers:
Keawe Vredenburg and Darren Elisaga. Is there anyone else in the audience who wishes to testify?
Thank you. If you could please raise your right hand. Do you swear and affirm to tell the truth now
and before the Leeward Planning Commission?
TESTIFIERS: Yes.
BEAUDET: Thank you. We’ll start with you.
ELISAGA: Good morning. Sorry, I’m coming getting over a cold so my voice is a little bit harsh.
My name is Darren Elisaga. I am co-owner/team mate/team captain of an entity here in Kona called
Imua Iron. We specialize in helping people realize the success that they could possess as far as,
excuse me, as well as confidence and, you know, teaching them that they can work hard and
achieve anything they want. We do that through the vehicle of strength training. I myself, as well
as our 25-member team, compete in the same federations as Susan and her team in the (inaudible),
as well as a couple of other competitions that we do. I’m here today to support them on the Special
Permit. The reason being is because they are in this industry for the same reason that I am. Being
in Kona we do have a couple of big gyms. Those gyms herd people in as cattle, take their money,
and they don’t care about them at all. It’s special entities like our crew and their crew in Waimea
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that actually care about these people, care about their health, their wellbeing, as well as their general
success in life. People like myself, Bill and Susan have been blessed to know what our passions
are. We use those passions as a vehicle to help other people. I don’t want to get into detail because
obviously the amount of people that testified on behalf of that says enough for that. What I came
here for, though, is to testify on a personal level. I’m a local boy, you know, I was always afraid to
do things on my own and whatnot. They don’t know this, but Susan and Bill’s gym, actually just
themselves, has been somewhat of an inspiration for myself. For years I was working out of one of
these commercial gyms and I really wanted something different; I really wanted to get out and do
my own thing. And, you know, I went to the gym a couple of times, and recently I got to help in
one of their powerlifting clinics. And seeing the family that they have and the passion they possess
and the things that they teach people in the community, and I want to do that. People are getting to
the industry that we are in don’t get into because of money. I owned a gym in Honolulu before and
I sold the thing, and it is not a cash cow at all. We get into it because we want to help people
because that’s a vehicle in which we are blessed to help people. You know, I want to say thank you
to them because they’ve been a big inspiration on to the big steps that I have taken in to trying to
open up my own entity, starting my own team and working on building and possessing my own
gym. So like I said, they need to stay there because indirectly, not just through health, fitness and
strength, indirectly they help people like me, young entrepreneurs, have the courage to go out and
do the same things that they do. Thank you.
VREDENBURG: Aloha. My name is Keawe Vredenburg. Nobody knows who that is, but my
wife is Aunty Penny for you guys who live in Waimea. I have a few things to say about the, one
person who sat here talking about all the congestion on the roads. I’m a jogger, I’ve been running
for quite a while about ten years. And usually I go out to the 4 or 5 mile marker on Māmalahoa
Highway and also down Lalamilo Road for the specific purpose of pulling out fireweed; it’s all
gone because I did that. I also pulled it out on the makai side of Māmalahoa going out to the 2 mile
marker. So it’s not just idle stuff doing over there. And the other guy who is jogging is a tall
skinny poi pūkea who is about six-foot three, weighs about 30, 39 pounds, and you see him all over
town jogging and he is on the road on the pavement right inside. That’s not me; I’m as close to the
fence as I can get because I’m afraid of the cars. But for the pesticides farmers don’t spray those
just because it’s fun to spray; you have to do that, otherwise you lose your crop. But the people
who are most affected by that, that will be the employees; they have to play in the stuff. And as far
as playing we used to do that in Hilo with the mosquito machine. DDT, yeah? So you guys who
think pesticides are bad, try DDT. People who are working out inside the gym are not going to be
threatened by spraying pesticides nearly as much as the farm employees, so I don’t see any problem
with that. To me this seems to be a specific attack, not a general one on all the people in Lalamilo
who have extra stuff going on over there. I know where I can get my car safety check; that’s where
I go, down Lalamilo. And I can get my motor fixed down there. And there used to be a wholesale
auto parts place down there. But nobody is going after all those people because that would be very
hurtful to all people who live in Lalamilo. It’s a very bad thing to try to do. Going after this one
person, to me, is specific and not such a good thing. As far as health, health is critical for
everybody, especially farmers, cowboys, if anybody else, students certainly. Bobby – you guys
know who Bobby is? At the farmers market he cooks up the breakfasts. He’s got a bad back. Had
he been working out, he might not have the bad back; but he didn’t. So we all need to pay attention
to our health, and the one health facility is in Lalamilo, and to me it benefits the entire community
there. Mahalo.
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BEAUDET: Thank you. Before we proceed with the closing of the public hearing, I’m just going
to ask one more time if anyone in the audience wishes to testify. Okay. With that, Commissioners,
I need a motion to close the public hearing.
HICKCOX: So move.
BEAUDET: Second?
WHITTEMORE: Second.
BEAUDET: Thank you. It’s been moved by Commissioner Hickcox and seconded by
Commissioner Whittemore for the closing of public hearing. I’m going to call for a ten-minute
break, and after that we will call the petitioners up and have the part of this meeting. So if you all
can just bear with the day. I know that it’s moving on, but I need some air and some sun, it’s cold
inside here. Okay, so, ten minutes, we will reconvene the meeting and have the discussion with the
petitioners.
RECESSED The Chair called a recess at 12:05 p.m.
RECONVENED The meeting reconvened at 12:20 p.m.
BEAUDET: I’d like to call to order the Leeward Planning Commission. At this time I’d like to ask
the petitioners and their representative, Sandra Song, to please come forward.
SONG: Mr. Chairman, do you want all my clients to come out or?
BEAUDET: If they want to.
SONG: I think they would rather sit in back, but if you have questions, they would be glad to be
sworn in.
BEAUDET: Okay, all right, sounds good. Just for purposes of understanding, I just want the
community to know that this part of the process is purely for, to hear the petitioners’ basis on going
for standing. So it has no influence on support or nonsupport of the application; we are merely
looking at agreeing to or not standing on the, for the intervenors, okay? So please raise your right
hand.
FUKE: I think we --.
BEAUDET: -- Yeah, you did already so. Do you now swear to tell the truth now and before the
Leeward Planning Commission?
SONG: I do.
BEAUDET: Thank you. If you could just introduce yourself for the record.
SONG: I’m Sandra Song, and I represent the petitioners who have filed an application for
intervention; I represent Nathan Hirayama and Cheryl Hirayama, and Cheryl Hirayama is present
with me today, Nathan is on the farm; Royce Hirayama and Charlene Hirayama, and Charlene is
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with me today and Royce is back working on the farm; I’m also representing Raymond Kawamata,
Earl Yamamoto, Myles Tomiyama and Sandra Tomiyama, both Raymond and Earl are with me
today.
BEAUDET: Please proceed with --.
SONG: -- Okay. Mr. Chairman and Members of the Commission, my clients, I have filed the
petition on behalf of my clients to intervene in this proceeding and ask for a contested case. My
clients are farmers. Most of them have been farmers in the Lalamilo Farm Lots. Their families
have farmed the Lalamilo Farm Lots since the early 1960’s, since this subdivision was first created
by the State of Hawai‘i. So they are active farmers, long-time farmers. And their interest is, as you
can see, their property is closely, is close to the subject parcel, which is the little V in between the
two stars on the right. The Hirayamas’ property is on the far right. The property across from, right
next to the applicant’s property, the Yamamoto family does lease that. The parcel across the road,
the property across the road is Hirayamas’ property. These two parcels are owned by the
Kawamatas. This property is Kawamata Farms; they are raising tomatoes. And this property is
owned by Earl Yamamoto. Finally, the Tomiyamas have this property back here. So they are all in
the Lalamilo Farm Lots, all in close proximity to the applicant’s property. They definitely have an
interest that’s distinguishable from the general public because they are owners of land there, they
are farming in the proximity, and they have a definite interest in this property because this
subdivision was created for farming; it was not created for a commercial development, which is
being proposed by this Special Permit. And I do want to say that they, my clients have no objection
to the gym; they think the gym is, and this particular gym is doing really useful things. Their
position is just that it’s in the wrong location, along with all the other commercial uses, and that this
ag subdivision should be left for agriculture. So that’s the reason why we filed the petition to
intervene. We believe we can present evidence at the hearing to show that this agricultural
subdivision should remain in agriculture, and by allowing this Special Permit, you will open the
door to more commercial activities and it will actually hurt agriculture and the agriculture in the
community. If you have any questions, I’ll be glad to answer them.
BEAUDET: Commissioner, any questions or comments?
KANUHA: I have a question. Sandy, did your clients by their individually or collectively
participate in the, or did input when the first Special Permit was issued for the Ice Cream?
SONG: The first special, okay, well, the first Special Permit was in 1978 for the vegetable
processing plant by Honolulu Poi. And Honolulu Poi at that time had, it was raising its vegetables
in the 16 greenhouses in the back, and they processed the vegetables. And I don’t think anything
was said at that time, or objection, because they were processing the vegetables they were
producing. And when Mr. Edney through his consultant, and I don’t think it was through Edney, I
think it was, I don’t think he was listed as the applicant, when he applied for the amendment of the
Special Permit, the Hirayamas were contacted, and they were told the ice cream processing facility
was going in, would they object? And at that time they didn’t object because, one, they were told it
was just that, and they didn’t want to see any other non-ag uses, and, two, they were told that the
rest of the property would stay in agriculture. And if you look at the amendment to Special Permit
378, that was part of the reason why they granted it because they said the other 16 greenhouses were
being used. I think at that time they were still being used by Honolulu Poi. But, and because there
was primarily agricultural use, they said it was okay, and there were no, and the other reason there
were no objections, and there were no objections because the Hirayamas were led to believe this
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was it. And this isn’t it; it isn’t just ice cream processing, it’s far more. And I also might add
although the gym might have been in existence for nine years, they kept it a secret and it hasn’t
been really well known. And since my clients have known about it, they have been trying to deal
with it in their own way, and finally, they dealt with the County, which resulted in this Special
Permit being filed.
KANUHA: Thank you.
SONG: Oh, one more thing I’d like to add, I just want to comment on the background report
because the background report on Page 2 said that the applicant had the, there were certain
conditions in the deed that were lifted, it says that on Page 2 of your background report, which
allows non-agriculture uses on the property. That is not correct. And I wrote an email to the
Planning Department. I think you got a copy of it yesterday. What in fact happened is these ag lots
were first established in the early 60’s when before there was a State land use law, before there was
the County zoning for Ag, and so they limited the ag uses to orchards and, I want to say crop
production, it’s not, it’s grow crops or something like that, but they limited the ag use, very, very
limited. And over the years people, for example, you can’t have, raise livestock, and that’s a
permitted ag use, so over the years the State land use law was adopted and they --.
PATEL: -- Excuse me, Ms. Song?
SONG: Uh huh.
PATEL: Just for clarity, is, I’m not sure where you are going, but is this pertaining specifically to
standing or, because it sounds like you might be --.
SONG: -- Well, I just want to correct the background report, and I was told I could --.
PATEL: Okay, but for this portion we are specifically determining whether or not standing is going
to be granted.
SONG: If you don’t want to hear it, that’s fine. We’ll raise it later.
PATEL: Well, so if it’s tied to standing, but, you know, I’ll defer to Chair, but I just wanted to, you
know, make that clear, if we can just get standing out of the way first.
SONG: Well, part of the reason is Mr. Fuke raised certain things in the beginning and I just wanted
to clarify those things as well.
BEAUDET: I’m going to support Counsel because if standing is granted, then I think the next level
of this process will have more than enough time to make argument or to speak on behalf of your
position.
SONG: That’s fair.
BEAUDET: So, Commissioners, do we have comments that are relative to standing that we would
like to discuss with the intervenor? I think, for the record, I think it would be helpful for the public
to know – one second, after this – if staff could explain the categories that provide for standing just
so the public understands what our focus is in this specific part of the process.
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HICKCOX: Excuse me. I’m assuming at this juncture that all efforts have been made to try and
mitigate this, your concerns, in reference to the issues at hand.
SONG: Mr. Hickcox, we wouldn’t be here if, if that was --.
HICKCOX: -- I asked the question; I didn’t need “Mr. Hickcox, we wouldn’t be here.” My
question is --.
SONG: -- Yes --.
HICKCOX: -- Very straightforward; all efforts have been made to attempt to mitigate these issues
prior to coming here. That’s all I’m asking.
SONG: Yes.
HICKCOX: Thank you very much.
BEAUDET: Staff?
KANUHA: Do you need the criteria?
BEAUDET: Yeah, I just wanted them to explain the qualifiers for standing.
KANUHA: Mr. Chairman and Members of the Commission, the criteria for defining standing is
pretty straightforward. There’s four components to it: The first one is whether or not the interest in
the matter at hand is clearly distinguishable from that of the general public, okay; the second criteria
is whether or not this is a government agency whose jurisdiction includes the land involved in the
subject request, and in this case that doesn’t apply; the next criteria is whether or not the petitioners
lawfully reside on or have some property interest in the land involved in the subject request, and,
obviously, they don’t reside on the property, they don’t have any property interest, but as you can
see, they are, you know, in immediate proximity to the property in question; and the last criteria is
whether or not the applicant or applicants are persons or person descended from Native Hawaiians
who inhabited the Hawaiian Islands prior to 1778, who practiced those rights which were
customarily and traditionally exercised for subsistence, cultural, or religious purposes, and the
particular criteria doesn’t apply here.
BEAUDET: Thank you, Director. Okay, next I’d like to ask the applicant if they have any concern
or objection to the intervenor standing, or petitioner standing.
FUKE: Mr. Chairman and Members of the Commission, I think the applicant is fully aware that
the, you know, some members of the intervening parties are, requested parties rather, are adjoining
property owners, and we believe that they do meet the test for standings.
BEAUDET: Thank you, Sidney. Okay, with that, Commissioners, I’d like to ask for a motion to
grant or to deny standing.
UNGER: I’d like to make a motion to grant standing.
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BEAUDET: Ask for a second.
WHITTEMORE: Second.
BEAUDET: Okay, it has been moved by – (the Chair had a brief conversation with Mr. Patel).
Okay, is there any further discussion before we move forward with the vote? Okay.
KAY: I’m sorry, I didn’t catch who moved the motion and second was.
BEAUDET: Oh, I’m sorry, I’m sorry, yeah, it was moved by Commissioner Unger and seconded
by Commissioner Whittemore for standing.
KAY: Okay. Commissioner Unger?
UNGER: Aye.
KAY: Commissioner Whittemore?
WHITTEMORE: Aye.
KAY: Commissioner Hickcox?
HICKCOX: Aye.
KAY: Commissioner Kaholo?
KAHOLO: Aye.
KAY: And Chair Beaudet?
BEAUDET: Aye.
KAY: Okay, motion carries five-nothing.
BEAUDET: So the next part of the process that the Commissioners need to take is to decide on if,
well, I guess the next part of the process is we go to hearing, yeah, and this is where we have
argument for support and for opposition of the application. So in order to do that we need to, it’s
called the hearing process, and the Commission will decide on whether we hire a hearings officer or
we take on the road. So what I’m going to do right now is call for executive session and have the
Commissioners discuss the pros and cons of either bringing on a hearings officer or we presiding
over the hearing. So, with that, we call for executive session.
WHITTEMORE: Do you need a motion to that effect?
BEAUDET: Yeah.
PATEL: Yes.
WHITTEMORE: Yeah, I move that we go into executive session.
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HICKCOX: Second that.
BEAUDET: All those in favor?
ALL COMMISSIONERS IN ATTENDANCE: Aye.
BEAUDET: Thank you.
EXECUTIVE SESSION – The Commission went into executive session at 12:37 p.m. by a motion
made by Commissioner Whittemore, seconded by Commissioner Hickox, and unanimously carried
by a voice vote of all members in attendance, to consult with the Commission’s counsel regarding
legal questions or issues pertaining to the Commission’s powers, duties, privileges, immunities and
liabilities. The Commission came out of executive session at 12:58 p.m. by a motion made by
Commissioner Hickcox, seconded by Commissioner Whittemore, and unanimously carried by a
voice vote of all Commissioners present.
BEAUDET: I’d like to call to order the Leeward Planning Commission. Thank you all for being
patient with us in order for us to discuss our next action. So, with that, I would like to call for a
motion on the matter of a hearings officer. Commissioners?
WHITTEMORE: I’ll make a motion that, I think it’s important, given the information that has been
shared and the value that both parties have claimed on this, that we appoint an outside
commissioner to represent us, our commission, in this hearing, I’m sorry, hearings commissioner,
excuse me.
PATEL: Outside hearings officer.
BEAUDET: Hearings officer instead of the Commission.
WHITTEMORE: Officer, not a commissioner, officer, yes, excuse me.
BEAUDET: Okay, so it’s been moved by Commissioner Whittemore to look for a hearings officer
outside the Planning Commission.
HICKCOX: Second.
BEAUDET: And seconded by Commissioner Hickox. Need for discussion, I think?
HICKCOX: I think, again, it’s necessary for all parties involved that we do look for a hearings
officer that’s outside of the Commission, one, because of the amount of time that it takes for the
contested case hearings to actually happen, and for the Commissioners to be present at the, or for its
entirety would be very difficult because we are a volunteer group, I mean we are appointed but this
is not our fulltime jobs so to speak.
BEAUDET: And, you know, beyond just the time commitment, I think the quality of service that is
provided to the applicant and the petitioners, is just as important, too. So, you know, to have that
type of focus and fairness to both parties, I believe, is important as well. Okay. Any further
discussion? Staff?
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KAY: Thank you, Mr. Chair. Commissioner Whittemore?
WHITTEMORE: Aye.
KAY: Commissioner Hickcox?
HICKCOX: Aye.
KAY: Commissioner Kaholo?
KAHOLO: Aye.
KAY: Commissioner Unger?
UNGER: Aye.
KAY: And Chair Beaudet?
BEAUDET: Aye.
KAY: Okay, motion carries five-nothing.
PATEL: Yes, so just I, because I believe there’re still some members from the public here, just for
your information, so, and to the parties, you’ll be contacted by the hearings officer with the relevant
deadlines and dates. And then for the public’s information, the contested case hearing is a little
more, I guess, formal than you see at these meetings. So the public is still allowed an opportunity to
show up and present testimony throughout the contested case hearings, but what you’ll see is that
the parties are able to submit documents, evidence, they are able to call witnesses, examine the
witnesses; so it’s sort of more like a formal court proceeding in a way. But just know that you still
are able to present public testimony. Thank you.
BEAUDET: So you’ll be informed on the date of the hearing, I think, well, prior to that, the
selection of the hearings officer will be made public, or communicated, along with the continued
date to start the hearing process.
FUKE: Mr. Chairman, I’d like to just kind of make comment, you know, we fully understand, you
know, the necessity, given the situation of the contested case hearing, but notwithstanding the
component, we wanted to assure the Commission that the applicant is really going to try to see
whether we can work out some understanding with the parties involved, and hopefully, obviate the
need for a full-on contested case hearing.
SONG: That is correct, Mr. Chairman. We have been talking and we are going to continue to keep
talking.
BEAUDET: Thank you. I appreciate that. And just from, you know, my perspective, you know,
we, change is hard, you know, differences of opinion are, it’s a continued process, I mean we never
get away from that. And, but I think, you know, the best way for communities especially like those
that are as special as our little town of Waimea, is finding that balance. You know, everyone would
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prefer to have things their way, you know, and we see it in marketing, right, “Have It Your Way,”
right? But it’s actually creating the balance, or identifying a way to balance out what is good for the
community and what things that are not good that we can, we can live with, yeah. So it’s a balance
of finding common goals for the community and for our business and diversion as well, you know.
People in Lalamilo Farms are farmers not only for economic reasons but because of their passion
for it. And so I challenge you, the two parties, to, you know, continue with the dialogue and the
discussion of finding a better way to live together. Thank you.
The discussion ended at 10:21 a.m.
Respectfully submitted,
Noriko Sauer, Secretary
Leeward Planning Commission
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