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Home My WebLink About2015-09-17 Leeward Exh B (SMA 15-060) LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT SEPTEMBER 17, 2015 KAMEHAMEHA SCHOOLS–LAND A regularly advertised hearing on the application of ASSETS DIVISION–WEST HAWAI‘I (SMA 15-060) was called to order at 10:52 a.m. in the West Hawai‘i Civic Center, Community Center, Building G, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i, with Keith Unger, Chair Pro Tem, presiding. COMMISSIONERS PRESENT: Keith Unger, Scott Church, Collin Kaholo and Sonny Shimaoka RECUSED: Brandi Beaudet and Barbara Nobriga ABSENT AND EXCUSED: Thomas Whittemore ALSO PRESENT: Danny Patel (Counsel for the Commission), Duane Kanuha (Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Planner), Maija Jackson (Planner), Lucas Mead (Planner) and Noriko Sauer (Commission Secretary) And approximately 80 people from the public in attendance. APPLICANT: KAMEHAMEHA SCHOOLS–LAND ASSETS DIVISION–WEST HAWAI‘I (SMA 15-060) Application for a Special Management Area (SMA) Use Permit to allow for the demolition of the former Keauhou Beach Resort complex and the remnants of the former Kona Lagoon Hotel facility to allow for the construction and establishment of an educational complex (Kahaluʻu Ma Kai) and related programs, activities and improvements on approximately 22.73 acres of land situated within the SMA. The properties are situated on the west (makai) side of Aliʻi Drive, immediately adjacent to and south of Kahaluʻu Beach Park at Kahaluʻu, North Kona, Hawai‘i, TMKs: 7-8-013: 002, 013, 042 & 043. BEAUDET: The next agenda item, the next item on the agenda for today is Kamehameha Schools Land Assets Division - West Hawai‘i, SMA 15-060. Before we move forward, we just have a couple of things to go through. Commissioner Nobriga? NOBRIGA: I will recuse myself from any voting because of direct working relationships with them. BEAUDET: Thank you. And with that, I have chosen to recuse myself from this agenda item because of possible or perceived conflicts of interest that I may have with the application. So in my absence for this agenda item I would like to ask the Commission for any motions, oh, let me step back, absent from today’s meeting is Vice Chair Whittemore, but the table requires at least someone in this position to manage the meeting and to facilitate the discussions. So with that, I would like to ask the Commission to make a motion on who should sit in my place for this for today. SHIMAOKA: Commissioner Beaudet, I want to motion that we ask Commissioner Unger to sit in as Chair for today, for today’s hearing. 1 EXHIBIT B BEAUDET: Okay, so it has been moved by Commissioner Shimaoka for Commissioner Unger to sit as Acting Chair for the remainder of the day. May I ask for a second? KAHOLO: Second. BEAUDET: All those in favor? COMMISSIONERS: Aye \[unanimous\]. BEAUDET: Mahalo. UNGER: Thank you, Commissioner Beaudet. Aloha, my name is Keith Unger, withstanding in today as the, to facilitate this meeting. Jeff, are you going to start with the presentation? DARROW: Sure. Aloha, Mr. Chairman and Members of the Planning Commission, and also aloha to our welcome guests this morning. If I can direct you to our presentation this morning, before we begin, I want to let you know that we have received a number of letters and correspondence, and those have been handed out to the Planning Commission. This happened since we submitted the background report to you. I want to apologize in advance for a more lengthy presentation than normal, so if you can bear with me on that. Our applicant, as mentioned, is Kamehameha Schools Land Assets Division - West Hawai‘i. They are requesting a Special Management Area Use Permit this morning. The location of the project site is within the North Kona District of Hawai‘i. More specifically, we are looking in the area, the Ahupua‘a of Kahalu‘u. The project site is represented with the black outline. There are four parcels that are part of this project site. For reference running through the middle of the map we have Ali‘i Drive as well as the proposed Ali‘i Highway. Ali‘i Drive continues along the ocean. On the upper portion of the map we have Kuakini Highway as well as Kamehameha III Road. As we zoom in, this is the County zoning map. The different colors on the map represent our County zoning. The subject parcel, or parcels, are represented with the black outlines; they are zoned Resort-Hotel-.75. The different colors around the project site represent Multiple-Family zoning, as well as the green, which is Open zoning. The State Land Use for the project site, as well as the surrounding area, is Urban represented by red, as well as this is located – sorry about that – within the Special Management Area, which is the crosshatched area, which includes the project site as well as the surrounding areas. The General Plan Land Use Pattern Allocation Guide Map designates this property within the Resort Node, which is the pink area, as well as Open zoning, which is normal for along the ocean. The yellow represents Low Density Urban and the orange areas represent Medium Density Urban. This is the project vicinity map that was part of the application. I apologize for the darkness of the map. But just for reference on the north side of the project site is Kahalu‘u Bay, on the south side of the project is the Keauhou Kona Surf and Racquet Club, and then the project site is represented in the middle of the map. You’ll notice that there are several heiau on the property, as well as the Keauhou Beach Resort and the former location of the Kona Lagoon. The Outrigger Keauhou Beach Resort 2 EXHIBIT B was first constructed in 1968, and the Kona Lagoon Hotel was constructed in 1975. Since the early 80’s development has continued in the region with residential subdivision, shopping centers and golf courses and more. The Kona Lagoon Hotel was demolished in 2004, and over the next several years a shift within Kamehameha Schools began toward education and recognition of the cultural importance of the area. From 2007 till 2009 several of the heiau on the project site were restored, and then in October 2012 the Keauhou Beach Resort was closed and is now slated for demolition. The applicant is requesting a Special Management Area Use Permit to allow the demolition of the former Keauhou Beach Resort complex and the remnants of the former Kona Lagoon Hotel facility. This is to allow for the construction and establishment of an educational complex called Kahalu‘u Ma Kai and related programs, activities and improvements on approximately 22.73 acres of land situated within the SMA. This would involve the redevelopment of the project site, and to change the property’s primary use from resort to an educational complex supporting a wide variety of educational users and programming. This change in land use reflects a much lower intensity of development, and changes activities occurring on the site from being visitor-oriented to primarily educational-oriented. The main components of the project site consist of the following: Demolition and removal of the existing Keauhou Beach Resort \[KBR\] hotel structure and associated amenities such as the tennis courts and supporting building, most parking areas, and swimming pool. Any remnant facilities still present from the Kona Lagoon Hotel will also be removed; construction of facilities supporting the Kahalu‘u Ma Kai educational complex, and expanded educational activities on the site; the redevelopment of the project site will involve constructing several new structures to support education and ‘āina-based instruction for learners, visitors, and the public. The siting of these facilities is based upon the functional use intended for the project site and the educational activities anticipated to occur. The site’s functional planning involves establishing various areas designated for primary uses, gatherings, and activities; primary structures planned for this project include a Heritage Center, multi-purpose building with a parking and office basement area that will utilize a redevelopment portion of the KRB \[sic\] hotel basement, hālau, reuse of the existing Kalani Kai structure on the north side of the property, camping hale with a comfort station, storage building and facilities supporting existing canoe, wa‘a, and tiki, ki‘i, making activities; conducting landscaping restoration and preservation activities of historic sites within the property located inland of the shoreline boundary in support of educational programming and services. Additionally, culturally related special events would also be conducted at the project site. This would consist of makahiki and hō‘ike events that each could occur between two to four times a year. Estimated participants could reach up to 500 persons for hō‘ike events and up to 800 persons at the makahiki. Special Kamehameha Schools functions could include up to 1,000 persons and occur up to four times a year. Educational workshops may occur about six times a year and have about 75 person. Seasonal ceremonies, about eight times a year, may include up to 100 persons. This is the preliminary conceptual plan, which identifies the proposed structures on the property without the current structures, except for the existing Kalani Kai; so the former Kona Lagoon Hotel is removed, as well as the current Keauhou Beach Resort. So you can see the structures identified in orange are the proposed new construction buildings that would be part of the educational complex. Also shown on this map are the existing heiau on the property. 3 EXHIBIT B The Planning Commission has received the background report from the Planning Director, but at this time the recommendation has not been issued mainly because of several unresolved issues. And I’ll try to touch upon several of these issues. The first issue and primary is the location of the shoreline. This is primary because without the determination of where the shoreline is, we don’t have a definite idea of where State versus County jurisdictions occur. These issues include the location of legal public access, the need for a Shoreline Setback Variance that is issued through the County Planning Commission, and the need for Conservation District Use Permits, which are issued through the State. If I can refer to several comment letters that have brought this issue to light. Our first one is under Planning Department Exhibit 16; this is from the Department of Land and Natural Resources Land Division. I’m going to read an excerpt from this comment letter; “We have reviewed the subject SMA application and have concerns regarding the shoreline boundary and restricted public access to public shoreline areas. The preliminary DLNR shoreline survey indicates a much larger area of shoreline than the SMA Permit Application concept site plan maps suggest. The third component of the project improvements listed on page 19 proposes to conduct landscape restoration and historic site preservation activities to areas ‘located inland of the shoreline boundary,’ but does not identify which shoreline boundary is being referred to. These public shoreline areas cannot be accurately delineated without a certified shoreline …. The prevention of shoreline transit constitutes and infringement upon the fundamental right of free movement in public space and access to and use of coastal recreational areas. Clarification of the ‘shoreline’ is necessary in order to evaluate the impacts of the project covered within the application.” Lastly, they say, “The issuance of an SMA permit to allow further development should not be granted until the existing shoreline boundary encroachments are resolved.” Additionally, we received a comment letter from the Department of Land and Natural Resources Office of Conservation and Coastal Lands; this is Exhibit 18 within the Planning Department background. They briefly state, we have “reviewed the subject application and note Figure 14 entitled Public Access Management Plan indicates where public lateral shoreline access will be permitted. The Hawai‘i Revised Statutes, Chapter 115, provides for the right of access to and along Hawai‘i’s shorelines. Please ensure that these rights are upheld.” Next is Planning Department Exhibit No. 20 from the Office of Planning. They state, “The applicant shall meet 60-foot and 40-foot shoreline setback requirements as stated on page 3 of the subject application …. Hawai‘i Revised Statues” – let’s see – “Pursuant to Shoreline Setbacks, Part III of Hawai‘i Revised Statues (HRS) Chapter 205A, structures including seawalls and their extensions shall be prohibited within the shoreline area without a setback variance. 2. We note that the subject project will result in a change to the public shoreline access provided through the resort property. The subject application page 91 states that the applicant would dedicate a perpetual public easement to the County, but would retain ownership of the access way, and manage the right-of-way. Pursuant to the SMA guidelines, HRS 205A-26, the requirements of SMA use for the proposed project should ensure adequate access, by dedication or other means, to publicly owned or used beaches, recreation areas, and natural reserves is provided to the extent consistent with conservation principles.” This is Exhibit 21; this is from the Cultural Resources Commission, and we are looking at, they had four issues that they had brought out within their comment letter, and I’m referring to Number 2, which states, “Public access as it relates to the proposed ‘safe school zone’ should be clarified, and a safe route for shoreline public access within the northern portion of the property should be further 4 EXHIBIT B considered.” They go on to state, “It was represented that a public access corridor along the northern portion of the property is not a part of the current proposal in part because of concerns for protection of sacred cultural sites on the property and the need to maintain a positive learning environment for the students. A northern route would also conflict with the proposed ‘Education Zone’ or ‘safe school zone.’ The applicant’s representative confirmed that the public would not be denied access along the shoreline or in the ocean by virtue of the fact that the public can walk on the ocean shelf from Kahalu‘u Beach Park to the north side of the property; the Cultural Resources Commission is concerned that this proposed ocean access will be unsafe under normal ocean conditions. The Cultural Resources Commission recommended consideration of a safe public access route within the makai norther portion of the property that doesn’t disturb or conflict with cultural sites.” And then lastly, in response to our first comment letter the Planning Director responded with a memo to Land Administrator Russell Tsuji. In his response he stated, “My determination to waive the certified shoreline survey requirement was based on the authorities provided in our departmental rules, other authorizes conveyed to the department under Planning Commission Rule 9, and the fact that the most conservative shoreline interpretation was being used to determine shoreline setbacks and therefore, project development envelopes. In essence, we are treating this SMA application as if the certified shoreline was that as determined by the interpretation of the State Surveyor. From that standpoint, there will be no prohibition of shoreline lateral access and appropriate conditions of approval will so confirm. Be advised that lateral shoreline access was also a requirement of previous SMA approvals for this project and those requirements will be carried forward for this project as well. We understand and agree that any and all work conducted makai of shoreline as interpreted by the State Survey will require the necessary consultation and approval by DLNR until resolution of the differing shoreline interpretations result in the formal certification of a shoreline.” So this is the map that was used to base the shoreline setback waiver issued on September 18, 2014, which is our Exhibit 9. Just for reference the line that is referenced in the memo from the Director, which states the certified shoreline that was determined by the interpretation of the State Surveyor, this is the red line that you see through the map. The waiver was granted based on the fact that there was an agreement between the Planning Director and the applicant that the applicant would hold the shoreline setbacks from this red line and not the blue dash-line that was another shoreline that was interpreted through another surveyor. And so you will see two different colors: A green line, which is 40-foot from the shoreline that we are identifying as the red line, and that is because of the fact that there is a hardened rock wall, which identifies the shoreline; and then in the area where there are no hardened structures we have requested a 60-foot shoreline setback, and that’s identified with the yellow line. This is the Public Access Management Plan that was provided within the SMA application. And just for reference on the left side of the map you will see a purple area that proposes a ten-stall public access parking area, as well as a mauka-makai access to Mākole‘ā Beach, and the area for access is identified with purple. There is also a managed access proposed from Kahalu‘u Bay along this orange area to the Heritage Center and then to also two viewing sites that are identified with the binoculars. Our other unresolved issue is the restrictions relating to the educational zone or safe school zone. Just for reference within the application on Page 37, I’ll just read this and 39, it says, “Lateral access 5 EXHIBIT B across the northern section of the project site is being restricted because the majority of classroom facilities and education programs will be located in the previous footprint of the KRB,” or the KBR, I’m sorry, which refers to Keauhou Beach Resort, “and require a ‘safe school zone’ that typically extends from 500 to 1,000 feet from education facilities.” Additionally, they state on 39 a similar restriction regarding the safe school zone and the educational zone. This is an area that may be managing/restricting public access at times of educational classes in order to provide a safe environment for children in attendance at the facility. Again, we received a comment from the Cultural Resources Commission, Planning Department Exhibit 21, and we are referring again to Number 2 that they had stated, “Public access as it relates to the proposed ‘safe school zone’ should be clarified …. The concern centers around the proposed ‘Education Zone’ identified on the figure titled ‘Draft Conceptual Site Plan with Unofficial Shoreline Setback,’ which shows a broad area extending 500-1,000 feet out from primary learning areas and into the ocean to form a ‘safe school zone.’ Questions arose concerning what happens to members of the public exercising their right granted by State law to be on the shoreline or in the ocean when the ‘safe school zone’ is in effect. Concerns were that the public might be told to leave or not allowed access if there are students present on the property or in the ocean. The applicant’s representative confirmed that the public would not be denied access along the shoreline or in the ocean, but this appears to conflict with what is implied by the proposed conceptual site plan.” The applicant did respond to these concerns in Planning Department Exhibit No. 23, and just briefly I’ll reference that. It says, “KS,” or Kamehameha Schools, “does not assert any jurisdiction over the makai waters fronting its property and via this response, states that it was never its intent to claim the area in question for its sole use for education purposes or otherwise.” Additionally, they state, “The educational zone was referred to in the SMA application by stating the zone ‘typically extends from 500 to 1,000 feet from education facilities.’ This was a reference to illustrate the extent of the zone typically used in other areas. For this application, the education zone on the north side of the project area will extend out radially approximately 200 feet from the educational buildings in the north, ensuring an adequate buffer from public facilities and the public domain.” Again, referencing the shoreline setback waiver map that we referred to, this education zone is identified with this red line on the upper portion of the map, and this is basically makai of the shoreline and in the ocean; so this is what has prompted the concerns, and we want to make sure that we resolve this before we move forward. With that, the Planning Director is recommending that this hearing on this application be continued to allow the Planning Department and the applicant to work on resolutions to the issues that have been raised. With that, that concludes our presentation. Thank you. UNGER: Thank you, Mr. Darrow. Commissioners, do you have any questions for the Planning Department? At this time we would like to open the meeting up to public testimony. We have 15 people signed up to testify, so --. KAHOLO: Mr. Chair? UNGER: Yes. KAHOLO: Can I ask Mr. Salavea a question? UNGER: Sure. 6 EXHIBIT B KAHOLO: Good morning, Allen. SALAVEA: Good morning, Commissioner. KAHOLO: My question to you is this. Looking at the property there, do you have knowledge, or anyone in this group have knowledge --. KANUHA: Commissioner Kaholo, can you hang on for a second. Can you identify yourself for the record, please? SALAVEA: Sure. My name is Allen Salavea, Planning and Entitlements Manager for Kamehameha Schools West Hawai‘i Region. My address is 5722, I’m sorry, P. O. Box 5722 Hilo, Hawai‘i 96720- 8722. UNGER: And I need to swear you in. SALAVEA: Sure. UNGER: Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? SALAVEA: I do. UNGER: Thank you. KAHOLO: Yeah, I’ll spin my question again. Do you or anybody in this audience here have knowledge of the family that was staying on the property? SALAVEA: Commissioner Kaholo, I would like to defer the response for the public testimony that is here, or the public testifiers that are here, to provide you, provide the Commission, input on questions similar to that, as well as other items raised in the Planning Department’s report, if I could ask that that could be accommodated, the response be accommodated during the public testimony. KAHOLO: I’d like to enlighten the public of my background, okay? My name is Collin Kaholo. I am the grandson of Hattie and Noa Keliikuli. They were staying on the property. Their house was located between the two heiau you see out front in the back of those tidal pools, okay? As a young person we always came down there, with Grandma and Grandpa, we stayed there for the summer. The other two families that were staying on the property after Grandma and Grandpa passed, was the Wong family, also Kala family. Kala was staying there for a while. They moved up to Pu‘uanahulu where he was a rancher. Aunty Margaret moved off the property. I don’t know what happened in between there; there was between grandpa and the family. So this is my lineal to the property there. Above the property on the right side you look toward the mountain there was the Alapai family; Alapai family is my grandmother’s brother who was living there. My grandma is Alapai. My name is Kaholo; my grandfather’s name was Sonny Kaholo. That’s how we are tied to the property of the family that was living on the site. And that heiau, if you look out toward the ocean, we were told by 7 EXHIBIT B Grandma and Grandpa never to go on that heiau. That was taboo to us. But like a young kid, don’t listen, I went, and I got a lickin’ because when Grandma tell you do something, you do it; you don’t go against them. And that till today I respect what she told me. And I don’t know the reason why she told us that, but that was my lesson of that heiau. As youngsters, we used to play all in that area. Also, I can tell you there was a trail that lead from the pūnāwai in the back of the coconut grove all way down. We used to call it Kalani Kai; they call it Kahalu‘u Beach Park now. That was the name of the place, and Granma always told us Kalani Kai, not Kahalu‘u Beach Park. See, that is my lineal to the property. So if anybody wants to ask questions on my site, this is my family tie to the property. Okay? I’m not against the project. Education is something everybody needs. And to keep our culture moving forward, I agree with what you are doing. But I just wanted to state where Grandpa and Grandma lived. Thank you. UNGER: Thank you, Commissioner Kaholo. At this time we would like to open up the meeting to allow for public testimony. We have 21 people signed up to testify. In the interest of time and to allow everybody the opportunity to testify, we are asking that you limit your testimony to three minutes. SALAVEA: Mr. Chair, if I may, if I could ask, we do have an overflow situation. Would it be possible for some of the children, or the school kids, to sit in this area, so we can rearrange and allow this area more access for the testifiers? UNGER: That’s fine, that’s fine. SALAVEA: Thank you. UNGER: Testifiers, as you come up, you’ll be sworn in, and then please state your name and where you reside. SHIMAOKA: Yeah, you guys are going to have to move further up because you are going to block access for the testifiers over there, so the students come all the way up front here. UNGER: Okay, Deborah Chang, Kalei Nuuhiwa and Mr. Dickson. And Kalani Hamm. Please raise your right hand. Do you swear and affirm to tell the truth before the Planning Commission? TESTIFIERS: I do. UNGER: Please state your name and where you reside. CHANG: Do you want us to just go down the line? UNGER: Sure, that’s fine. CHANG: Okay. HAMM: Kalani Hamm, Kahalu‘u Mauka. 8 EXHIBIT B CHANG: Deborah Chang. I reside in Pa‘auilo Mauka, Hāmākua District. NUUHIWA: Aloha. I’m Kalei Nuuhiwa and I reside in Hilo in Waiākea. Do you need my address? UNGER: That’s fine. DICKSON: Aloha. My name is Ma‘ulili Wilbur Gay Dickson, Jr. and I reside in Waimea, North Kohala. UNGER: Thank you. HAMM: Aloha. My name is Kalaniola Hamm. I am a lineal descendant of the Kahulamu Kahina ‘ohana of Kahalu‘u. We must build for the future. By looking at the restored heiau, one is but amazed by the evidence of highly intelligent Hawaiians. Here in Kahalu‘u this becomes our cultural heritage. Our heritage is knowing how developed our ancestors were in surviving, their capacity to remember things in oli, to live their life in balance with nature. In the past years of changes, we have allowed cultural sites to be destroyed, perished. Why? “Preservations” was a word of small importance at that time. Or were cultural sites destroyed because of a lack of understanding in culture? But today Pauahi’s legacy is awaken and continues to grow strong in preserving what’s left and restored. Kamehameha Schools hosts numerous meetings with update information for ‘ohana and to seek our input. Throughout this whole restoration process, their purpose and intentions are set on a Trust foundation, on Pauahi’s legacy and trust, trustee commitment to learn from the past. Their fate, hope in trusting the vision for a learning complex here in Kahalu‘u for future generations to come. Seen is an outdoor learning environment in which past Hawaiian knowledge is applied to our learning today. I speak in support of Kamehameha Schools’ permit request to remove the former Keauhou Beach Hotel and to redevelop the areas as a place of learning that includes our restored cultural sites. With kupuna lenses, when I see Kahalu‘u Ma Kai, I see Pauahi mo‘okū‘auhau, the genealogy. They were here first upon this ‘āina, as were and are generations of ‘ohana who love for ali‘i and aloha ‘āina goes deep. These are ali‘i lands. Ali‘i lands used, once again, in a way that first honors kūpuna of the past. Keiki become students of Hawai‘i studies and later become the teachers. We have the chance to become our own experts as anthropologists, doctors, biologists, and engineers. We, as ‘ohana, support and trust that Kamehameha Schools and its representatives will protect Kahalu‘u Ma Kai from unauthorized walk through traffic so that our keiki and educators are able to learn without concern for interruption, provide for public to access the shoreline in locations that preserve the natural resources and ecosystems. My family and I continue our commitment to Princess Pauahi’s education legacy, to see this project through, because we know ‘āina is the teacher and the healer. Mahalo for this opportunity to testify. CHANG: Aloha mai kākou, Chairperson Unger and Members of the Leeward Planning Commission. I’m Deborah Chang, and you have a letter already, dated September 15, that I wrote to you. It is representing my own personal view; it is not representing any group or organization. I’m here to testify just for myself today. I will not read through the letter, but instead will briefly emphasize my main concern with the Kahalu‘u Ma Kai development. While I fully support the conversion of this property from resort to educational and cultural uses, my main concern is that a very bad precedent could be set, if a Special Management Area Use Permit is approved with safe school zone buffers preventing the public from accessing the ocean on the north side of this property. The applicant 9 EXHIBIT B maintains that shoreline public access is not being denied, because people can walk from Kahalu‘u Beach Park in the ocean in order to get to the north side. That is an unacceptable shoreline public access and quite unsafe. If the safe school zone rationale proves successful at Kahalu‘u, my fear is that it could become a formula for other similar developments. Why not Ke‘ei Beach, Makalawena Beach, Waipi‘o Beach, Pā‘auhau Landing in Hāmākua District, Kahuwai ahupua‘a in Puna District, all prime coastal lands owned by Kamehameha Schools and good candidates for educational facilities and programs? Another property that would lend itself to the safe school zone model is Pāwai Beach in Keahuolū ahupua‘a, owned by Queen Lili‘uokalani Trust. If the formula succeeds in Kahalu‘u, why not at these other locations and many others? The applicant wants a managed public access with rules and the ability to educate people about Hawaiian cultural protocols and behaviors that are respectful of the land and its people. I completely support the approach, because public access to the ocean may be a right, but it is not without responsibilities. Mahalo for your consideration. NUUHIWA: Good morning. Aloha kakahiaka, Commissioners. My name is Kalei Nuuhiwa, and I was actually born and raised on the Island of Maui, but I reside here now in Hilo for the last ten years, as of tomorrow actually makes ten years. I came to begin working at Kahalu‘u through the Edith Kanaka‘ole Foundation; I was hired to, with them, to do some research regarding Lonoikamakahiki and his area of residence and all of the history. As Kahalu‘u is known to be the place where the individuals who composed the Kumulipo chant actually came from. And the individuals who lived in that area were all either kahuna or were the aloali‘i who actually taught the ali‘i who came through there, so it was historically an educational place. So I’m here today to talk about some of the history and some of the concerns regarding pathways and trails that go through there. And this right here that you see here is an 1875 map that is actually the first map that was created. But previous to that – I am a researcher and that’s what I do, so I love research, I can do that all day long – and so very first mentions of the Kahalu‘u area is in the Nūpepa Kū‘oko‘a written in 1856, and this is the story of Kamalalawalu written by Kamakau; it’s a recant of the story of Kamalalawalu’s exploits and unfortunate end results for him in the whole area in Kahalu‘u. But in it it describes that one of his kuakini ran through the area and actually stuck to the alaloa, and the alaloa is, if you look on this map, is located – I don’t know if this \[pointer\] works, okay – well, on the lower part there. Actually, I have these for you; this is for you folks. And so on the lower part is where the dotted line is actually the alaloa that was created by Umialiloa and his predecessor, which was Liloa. And so the kuakini runs through there. And in his description of the Kahalu‘u area – oh, thank you \[for a pointer\], there we go, this is actually the alaloa – and so it talks about how the kuakini ran through there and as he got to Kahalu‘u, it was a coconut grove, and that’s what he talks about in the area. The next talk about it, it comes in a story of Kamiki, which is printed in Keauhou 1918 all the way to 1916; it was a long story about traversing throughout the entire Island of Hawai‘i, and it too also describes that as Kamiki and his brother traverse through Kahalu‘u area, they again talk about the coconut grove that’s here. Okay, so this is the 1875 map; what I did is I went to, oh, stop, okay, so I just want you to know that there are 72 individuals who talk about receiving lands and all of the trails are lateral movement, so the first trail is the government road, which is alaloa, the second is the upper road, which is the Māmalahoa Highway, and the in-between road is actually the, is where the Kuakini, everything else, which there were only two out of the 72 that 72 native testimonies that talk about the area, talk about two trails that move mauka to makai and those were mule trails and they end up in this area right here called Paniau. And I do have another map; this is a 1928 map of the Kahalu‘u area and this is the Kahalu‘u District, so this is the actual pathway that runs this way, which became the government road, which is now Ali‘i Drive. And if you look, they carefully wrote in all 10 EXHIBIT B of the areas of the heiau. There are no trails that walk, or went through there; it was an individual, it was a place that was reserved for the folks who were kahuna and ali‘i. So if you have any questions, please feel free to ask. DCIKSON: Aloha. My name is Ma‘ulili Dickson. I’m related to the people that mālama this area and also the ali‘i of that area. I do come from a kahuna background on my grandmother side. And in respect to that, I am in favor of issuing this SMA Use Permit to Kamehameha Schools. And my strong concern is on the access. Controlled access, I believe in, because this area used to be a kapu area, and I think still remains in that sense a kapu area; it was special only for those that belonged in there. When we use it as an educational facility now, we escort our groups or individuals in there, and we ensure that they are coming into the area with the right frame of mind, with a positive frame of mind and not a negative frame of mind. In the past we have witnessed that people coming into these cultural significant areas with a negative frame of mind have a negative response to it, and then they call upon the practitioners to ‘oki that or to cleanse them of that in the aftermath. We, as practitioners, would rather see us instructing them or educating them prior to their access or during their access so that they do not experience these negative mana from the land and from the ancestors that do exist there and are active in those areas. Some individuals may or may not believe in this concept, but it is active in especially these areas that were kapu in the past and reserved to the ali‘i. So my concern is in the access that it not be just open so that people of the public, individuals or groups can just walk all over the reserved areas. We have burials in those areas that we need to be concerned with, and a couple of areas, like Mr. Kaholo had mentioned, that you need education and you need support before entering into those areas. I would like you to consider that from a cultural standpoint. I am involved with many of the groups that educate in this area and throughout the island. So I ask for your consideration in the manner. Mahalo. UNGER: Mahalo. Mr. Dela Cruz, Mr. Kalawe, Mr. Pai, Mr. Fujisaka. Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? TESTIFIERS: Aye. I do. UNGER: Please state your name and where you reside. DELA CRUZ: My name is Ron Makaula Kauaua Dela Cruz. My address is P. O. Box 1357 Kamuela, Hawai‘i. FUJISAKA: My name is Mitchell Mikiala Fujisaka. My address is 75-236 Kailua-Kona, Hawai‘i. PAI: Aloha. My name is Mahealani Pai. I reside in Kona. My address is P. O. Box 251 Kailua-Kona 96740. KALAWE: Aloha. My name is Keone Kalawe. I reside at 14-3289 Pū‘āla‘a Road in Pāhoa, Hawai‘i. DELA CRUZ: Aloha, Commissioners, Mr. Director, Chairman of the Chair. And I kala mai to my brothers and sisters that have to view my back. I am the ali‘i ‘ai moku of Moku O Kohala, Royal Order of Kamehameha. I am here in support of Moku O Kona who has given testimony last month at 11 EXHIBIT B the County Resource Commission \[sic\] on this very subject here. We of the Royal Order of Kamehameha on a normal basis do not commit or come out and do public testimonies; however, because of Pauahi and of this project we have decided to come out and give our opinions and mana‘o. The Royal Order of Kamehameha ‘Ekahi was established on April 11, 1865 by King Kamehameha V, Lot Kapuāiwa, to honor his legacy of his grandfather, Kamehameha the Great. Our purpose is to preserve and perpetuate the ancient chiefly customs and traditions of Hawai‘i, and continue the work of our beloved Kingdom set forth by our founder. The vision and direction that Kamehameha Schools propose in the development in the restoration of once very important ali‘i complex. This area was the seat of government back then. We have many ancestors that sit, that are in here today. And it was kapu. This complex’s full of rich archaeological sites in conjunction with the cultural educational program for our ‘ōpio are all in line with the wishes of Pauahi. Our children are the top priority. For this work, the privacy and isolation is required, controlled management of controlled access is required. We support that. Any further expansion for public access in this development would be detrimental to the outcome of the educational program of our kids. We strongly urge you not to allow further public access and obstruction into this project, which would definitely cause unnecessary distractions to the learning process of our children. The Royal Order, again, has strong support for this project. Those that have lived here on this project here on this land and this ‘āina, is in direct relation to Kamehameha and that makes it our business. So we urge you to proceed with what is necessary to do that is pono. That this project is to be restored and to be brought back into this community. One of its kind that can exist. I thank you very much and aloha. And may God bless the Kingdom. FUJISAKA: Aloha again. This journey started 65 years ago with those gentlemen you see up there. That was Tūtū Naluahine in the center, Kekahuna on the left, Theodore Kelsey on the right. As a 13-year old boy I walked with them through this site, measured all the heiaus. I am a lineal descendant of the Kahulamū, Kahinu, Ka‘ainoa. And Mr. Keliikuli, I’m familiar with all of these sites, these historical sites, kapu sites. Like Mr. Keliikuli said, I was told the same thing. As children growing up we were always reminded to respect hō‘ihi, the heiaus and their names, not only the heiaus, also their names. Do not move or remove the rocks. I first met Mr. Kekahuna, the gentleman up there on the left, in 1950. He was introduced to us as not Henry P. Kekahuna but as Kekahuna. As 13-year old boys, you know, “ke kahuna,” so we were afraid of him. But in time that changed. The next time I met Kekahuna is they went to see my grandaunt to get her permission for me to help them. My grandaunt said yes. So all the burden fell on her, not on me; if anything went wrong, it went to her, she would be responsible, not me. So the first heiau we measured was a heiau called Mākole‘ā. Now, you see all the pictures now, this wide open space, at one time it was like a jungle; you couldn’t see the ocean from the highway, it was all full of trees, brush. Even though Kekahuna had only one leg, he walked along on the rocks like a normal man. You couldn’t put your hand out to help him; he’ll hit you with his stick. Great respect was shown while we were doing all this work measuring the heiaus. We always opened it with the Christian prayer, which was prayed in Hawaiian. Kekahuna would do the prayer, Naluahine would chant, and work would begin. That’s how the Kekahuna Map came to be. I thank you very much. Oh, another thing. Modern measurements you take today is you pull it out. I just found this out about a month ago what this was. \[Secretary’s note: Mr. Fujisaka displayed a traditional measuring device.\] It’s called a link, measure link. It was increment of a foot. So if you look at the map, there 12 EXHIBIT B is no inches, it’s all foot. There was 165 links that I carried on my shoulder. Kekahuna would feed it out, I would pull it through wherever he said to go, you would go. And you reach the end, I would be the one that count the link, and it had to be perfect. UNGER: Mahalo. FUJISAKA: Thank you. PAI: Aloha and greetings, Chair and Commissioners. My name is Mahealani Pai. My relationship to Kahalu‘u is through the Kahulamū, Kahaleoumi lineage and the kahuna ancestor that officiated at the coastal heiaus during the time of Kamehameha I. I serve as a cultural resource specialist responsible for the restoration of five heiaus: Hāpaiali‘i Heiau, Ke‘ekū Heiau, Hale O Papa Heiau, Mākole‘ā Heiau, and Papa Koholua Heiau. I am an employee of the Kamehameha Schools Kahalu‘u Manowai Education Group, but here today as a private citizen. For the past nine years our Education Group has worked alongside Kahalu‘u lineal descendant community members to help shape Kamehameha Schools’ cultural and educational efforts by carrying out the commitment made in a ceremony by the Kamehameha Schools trustees in 2005. This commitment was made to make amends for past wrongs, to not forget to involve the community, and to not neglect its instructional stewardship for these lands, its resources and especially the preservation of the remaining cultural and historical sites that were once continuance on the Kahalu‘u landscape. A key individual that have come to learn a great deal of knowledge and insight from and continued to be humbled by is Uncle Mitchell Fujisaka of Kahalu‘u, for at a young age he along with Henry Kekahuna, Tūtū Naluahine, Theodore Kelsey help to survey and create what is known as the Kekahuna Map of 1952 that documented the Kahalu‘u ali‘i residential complex, house platforms and major heiau in the area. During the restoration Uncle showed us clues to look for and follow that to help make the restoration possible. Since the abolition of the kapu system, major heiau have fallen into abandonment and disrepair as a result of nearly 200 years of neglect. In 2008 we began training of Kahalu‘u family members in heiau stewardship. By training them an appropriate protocol and uses are finally taken in, and finally taking them to visit Kahu Uncle Bill Mai‘oho at Mauna ‘Ala, the Royal Mausoleum, the final resting place of ancestral chiefs who once resided at Kahalu‘u. This was done to help and inspire them of the type of kuleana and passion that is required where hopefully someday they may want to take on that kind of kuleana. As a result of that experience three generations of Kahalu‘u family members step forward to take part in the restoration of the heiau, Papa Koholua. Once considered wishful thinking at the time that someday the next generation of caretakers would come forward and take part of this kuleana, became a reality. Since that time family members have been involved in heiau ceremonies and helped in the maintenance and upkeep of the heiaus. Moku O Kona has witnessed nearly 200 years of neglect of its once vast antiquities. Kamehameha Schools is taking its lessons learned by not repeating the mistakes of the past and bringing back our ancient st university for 21 century learning. Mahalo for this opportunity to testify in support of Kamehameha Schools’ educational vision for Kahalu‘u Ma Kai. Mahalo. KALAWE: Aloha, Chair, Commissioners. My name is Keone Kalawe. I reside in Puna. I’m a lineal descendant from Keawema‘uhili and from his older brother Kalani‘ōpu‘u. The people of Puna have a relationship in Puna. I’ve been actually working in Kona for nine years. And let me take you to a journey from the start. Five Kamehameha Schools trustees made a decision to correct challenges of the past, and this correct challenges and to make everything pono, they did it in the traditional 13 EXHIBIT B way; they’ve partaken ‘awa in the ‘awa ceremony. So this positive change is a lifetime commitment. So the first thing that they did is to create within Kamehameha Schools a group, Keauhou Kahalu‘u Educational Group, and from which they actually spearheaded the restoration of the heiau, and they created Hui Kaha Pōhaku. Hui Kaha Pōhaku was founded on Hawaiian tradition and values, and also on plane table mapping, mapping these heiaus. They used Hui Kaha Pōhaku as a vehicle to educate the haumāna in math, reading, writing and art. Today this program is nine years old, and they have 105 students. So every year from the first year they grew, they grew, and they grew, okay? And these haumāna took the knowledge and it took it back home. Some of our students are here from Puna. They took it back to Waipi‘o Valley, Miloli‘i, and also to Kaho‘olawe. Kahalu‘u Ma Kai is very special because you can learn a lot. Practitioners can go down there, they can learn about astronomy, navigation, and the construction about heiaus. One of the heiaus was built between 1422 to 1465; that’s before Christopher Columbus stumbled upon America. So I ask you guys to actually look at the expansion of Kahalu‘u Manowai. And I truly believe that what Kamehameha Schools is doing is they are following the will of Princess Pauahi. And with the expansion of that area more learners, more educators can use and facilitate this place. And that’s all I have to say. Mahalo. UNGER: Thank you. Ms. Punihaole, Ms. David, Mr. Paishon, and Ms. Kualii. Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? TESTIFIERS: Yes. UNGER: Please state your name and where you reside. PUNIHAOLE: My name is Cynthia Punihaole and I’m at 73-4310 Māmalahoa Highway, Kailua-Kona. KUALII: Aloha. I’m Britni Kualii. I reside in Hilo, Waiākea Ahupua‘a. PAISHON: Aloha mai kākou. Chadd Onohi Paishon. I reside in Waimea, Kohala Waho. UNGER: Mahalo. PUNIHAOLE: Aloha, Commissioners. Thank you for your time. I am the director of the Kahalu‘u Bay Education Center. We are neighbors with Kamehameha Schools’ Ma Kai project. It is very important that we really, and it was very humbling to hear kūpuna talk about the past because it is about honoring our past that we can enrich our future. We also look around the room and see these beautiful children and they come from all walks of life, the Hawaiian, haole, Japanese, all of them; they mean you are our future. At Kahalu‘u Bay we experience 400,000 visitors a year. And because of our volunteers there today, the bay is beautiful. In 2006 community came to us, asking for our help and support, University of Hawai‘i Sea Grant also, and the Kohala Center agreed to help expand a program called ReefTeach there. So today we look for more than that; we look for Kamehameha Schools because we as Kohala Center agree and support their project, the Ma Kai project. Because it is important that our children not only understand the cultural histories that I grew up with, my family Kamalu from Hōlualoa and Punihaole from Makalawena, and it is to use our cultural properties and to share our cultural properties that will make our children understand importance of what it means to take care. And it is our responsibility to teach you not only about our culture but about respect and 14 EXHIBIT B what aloha really means, and help you understand how you can survive, if you take care of your ‘āina. If you love your ‘āina and you take care of it, it will take care of you. That is what my tūtū said. And they also said, “We ask you to do your very best and that’s all we ask.” So we ask you to help work together with the State and the County to make this project work. Thank you. KUALII: Aloha, Planning Commission. My name is Britni Kualii. I am currently an intern with Kamehameha Schools Hui Kaha Pōhaku Program that shares these spaces at Kahalu‘u Ma Kai for my education as a UH Hilo student studying environmental science, geography and anthropology. I also use Kahalu‘u Ma Kai as a spiritual space for my culture practices and observations as a kanaka maoli. I am in support of the efforts that Kamehameha Schools are facilitating to remove the remnants of the old hotel to support students, Hawaiian practitioners, and the ‘ohana of the place in education, cultural knowledge and heritage, most importantly, for our keiki and the future, as it is our kuleana to preserve this knowledge for them. I strongly believe that with the removal of the hotel in place of a cultural center will help create better spaces of learning for all, as in today’s society, especially on this coast, we see lack of cultural representation and education of how significant these places are. Kahalu‘u Ma Kai education expansion will be an example to all and how natural and cultural resources can be well preserved and conserved for use, education and Hawaiian values. The future of Kahalu‘u Ma Kai represents more opportunities for all to engage and experience, and will give opportunities to students like me to develop tools and stewardship, science and culture, as we look for more answers from our kūpuna of the place. I would like to thank Kamehameha Schools for providing places like Kahalu‘u Ma Kai for my learning experiences, and would only hope to see it expand for others to learn as well. Mahalo. PAISHON: Aloha mai Commissioners. Again, my name is Chadd Onohi Paishon. I’m the senior captain for nonprofit organization known as Na Kalai Wa‘a Moku O Keawe. Our organization has been in existence for a little over 20 years now, but it really began, and my perspective comes from the perspective of a voyaging canoe, a voyaging canoe that was built here in our community called Makali‘i. And Makali‘i has been surrounded by this community in support, and it’s been built upon relationships that have lasted from past into present, and will continue to our future. But it’s really in the sense that I sit here on behalf of our organization, again, to lend our support to Kamehameha Schools Kahalu‘u Ma Kai and their vision for this area and their hopes for the future of what this area can hold. We have brought students here to learn on specifically Hāpaiali‘i to observe the movement of the celestial bodies, to understand the connection more so of what heiau are used for, utilized for, and for the surrounding areas. But it’s no different than, in the sense of planning, than for all of our voyages that we have now. In the past at one time there was a crazy idea of creating a canoe called Hōkūle‘a, a crazy idea that this canoe was going to retrace the path of our ancestors back to Tahiti without any modern instruments, a crazy idea that these men and women that would stand aboard the deck of this canoe would be able to sail to Tahiti like our ancestors. From the one voyage, from the one crazy idea, the canoe now sits in Mauritius half way around the world. Our kūpuna were very brave people, very wise people. It’s in the same sense that their lessons for us were to be the same; wise and brave to continue to move forward in this world, understanding where we come from. It’s in the same sense that as now there is not just one voyaging canoe but 22 voyaging canoes across the Pacific. Yet the stories of voyages or heiau or ali‘i, the kuleana that we’ve all carried is not just stuffed in stories but they are constantly practiced to this day. As one of the navigators for our voyaging canoes, I urge you to support Kahalu‘u Ma Kai and their ideas and their vision. Mahalo nui. 15 EXHIBIT B UNGER: Thank you. Kei-Lin Cerf, Ms. Kirkpatrick, Forrest Henriques and Thomas Brennon. Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? TESTIFIERS: I do. Yes. UNGER: Please state your name and where you reside. BRENNON: My name is Tom Brennon and I reside in Pāhoa, Puna. KIRKPATRICK: My name is Sandra Kirkpatrick and I reside in Waikoloa. HENRIQUES: My name is Forrest Henriques and I reside in Puna. CERF: My name is Kei-Lin Cerf, from Waikoloa. UNGER: Thank you. You may begin. BRENNON: All right. I’d like to, as an educator, and a majority of these students are our students who have been involved in working with Kamehameha Schools in the projects of Kahalu‘u Ma Kai. Our first involvement started eight years ago and – gee, I was watching the three-minute cards go and it goes too fast – so basically what I would like to say is that the work that has been done here on this side for our students has been very successful. We have a program now that involves middle schoolers up to seniors in high school. And it’s all because of the opportunity that was given to us to come over here and to participate in the educational vision that is being talked about today. And the vision now extends for us to actually have something of the past, this hotel, to be torn down, and to actually create something for the future. And I’d like to say that we’ve heard a lot historically, we talked about the present, and what is before you today is the future. And my concern is that the Commission would not recognize the fact that this is truly an educational site, it is truly a place of learning. It has helped so many of our students, and I foresee that something like this continues and should continue. And if we are really talking about the future, this is a great opportunity for us to make a great decision and to move forward. I would like to see that there be some control in the areas where education is going to be performed because education needs the type of security. We talk about safety, one of the first things we talk about for sure with all our students is safety of our students, and that means safety on all levels. And having the right boundary set is ideal for those kinds of things. We, as coming over from Puna, have been taught the right protocols, which protects, and I feel has protected all our students on all the work we’ve done in all these places, and it’s because of the caring of the community of Kahalu‘u, and I’d like to see it continue. Thank you. KIRKPATRICK: Hi, I’m Sandra Kirkpatrick and my concern is about the access. And it seems like there is quite a discrepancy within the Kamehameha Schools presentation about where the boundaries, let alone the access, really is. And I haven’t heard anything to reassure me that that’s resolved. So, I believe on the map we saw the three different lines where they thought the shoreline actually was, so to determine the public access to the shoreline, which I think is a right that everyone in Hawai‘i appreciates and understands and is well accepted in general, I think this obviously is 16 EXHIBIT B something that really needs to be taken seriously. And it seems that there is maybe some disagreement within the School itself about what, how to address this, also even about who should be coming to the School. I’ve heard that the School is going to be giving advance degrees and it’s going to be open to everyone regardless of race, which would be nice, but I haven’t heard a lot of follow-up about that, so I’m kind of wondering where that is. Mainly, my real concern is with the access, as well as the demolition and construction and what the environmental impact will be. That’s 57,000 square feet, I believe, is the new construction; that’s a lot of construction to have no environmental impact, let alone the demolition of the old hotel. And I’m not in favor of letting the old hotel stand, but I am concerned about the environmental impact that the destruction of the hotel will cause. So I’d just like to say again my concern is access, and I think the general public should be allowed to have access to the heiau, and that’s not to run up and down the sides of the heiau but at least visual access. If you want to reach out to someone and tell them about your heritage, how better than to let them see the heiau and the heritage and the beautiful things that were created. And I think that there are a lot of people, I know I certainly enjoy seeing that when the hotel was there; I used to come and visit the hotel just so I can go see the heiau and the stones that came from Maui and the cottage where the princess stayed. And I hope that that’s not going to be destroyed. But the rich history is very much an asset, but not just an asset to the Kamehameha Schools, it’s an asset to everyone. And for that reason I think everyone should be allowed reasonable access, and it definitely worries me about the school zone cutting off access completely. Thank you so much for listening. HENRIQUES: Good afternoon. My name is Forrest Henriques, and I, along with my peers, come from Puna in support of the Kahalu‘u Ma Kai project. I’ve been working under Kamehameha Schools on the Holua and Maluaka project for about five years now. And to me the vision that Kahalu‘u has in mind is absolutely essential to furthering the education of the public in regards to Hawaiian culture. There is a much higher purpose behind an area where individuals of the public can educate themselves rather than a vacant resort that is disrupting the energy of multiple heiaus. It is my belief that the structure is disrespectful to the Hawaiian culture, and it’s hindering the real purpose behind these heiaus, which is for spirituality, enlightenment and guidance. The removal of the resort will allow the Kahalu‘u Ma Kai project to commence and transform the area into a site of knowledge, a site where people can learn new knowledge about the culture that is generally misunderstood. I am in full support of the community of Kahalu‘u’s vision and hopes that it becomes a reality. Mahalo. Thank you for your time. CERF: Aloha, Commissioners. Mahalo for hearing our voices today. My name is Kei-Lin Cerf. I’m the director of strategic community development with University of Hawai‘i at Hilo, RCUH, and a project called Hōkūpa‘a, which is a multi-sector leadership effort to bring together the different pieces of the community to improve the outcomes of our young people in education and through their social emotional wellbeing. One of the things that I’ve learned through my years of youth development and advocacy for youth is that one of the most powerful things is a caring adult to mentor them and places of significance that help them connect to significant meaning and identity. When I look at the plans for Kahalu‘u Ma Kai, I see the opportunity there for these kinds of spaces for our young people, and to have the connection stewarded by ancient cultural knowledge, taught by skilled expert practitioners in this field. And we look at this as an incredible opportunity for how our young people can thrive in the areas of what they really need and in the spaces that they are asking for. In our work in Hōkūpa‘a and out of the voices of our young people of the Hōkūpa‘a Regional Youth Council who represent eleven public schools in West Hawai‘i, when they define youth 17 EXHIBIT B success, youth empowerment and their community, they speak to in terms of values and the depth of meaning that is called from the experiences they have when they connect to something more than their academics and paired with their knowledge of academics. As they walk into the world, they are searching for places that answer this call for motivation, inspiration, faith, strength, ambition, drive, trust, responsibility and relationship with their culture, their land, their kūpuna and their adults. At University of Hawai‘i at Hilo I echo the voice of Chancellor Don Straney saying we are in complete support of this project. And I ask personally that as you do your very necessary due diligence and your responsibility to the County and the people of the county of Hawai‘i, that you balance the responsibility with need to provide this essential opportunity to our young people as soon as possible. Mahalo nui. UNGER: Mahalo. Thea Shapiro, Mo Muadthaisong, Juniper Ozbolt, Makani Gregg. Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? TESTIFIERS: I do. UNGER: Kala mai. At this time we have to take a short recess, so when we begin, we’ll start again with you all. RECESSED The Chair Pro Tem called a recess at 12:25 p.m. RECONVENED The meeting reconvened at 12:40 p.m. UNGER: Call the meeting back to order. As a reminder, if we could limit our testimony to three minutes in order to get everybody through the testimony portion of our meeting. If you could raise your right hand. Do you swear and affirm to tell the truth in front of the Planning Commission? TESTIFIERS: Yes. UNGER: Please state your name and where you reside. SHAPIRO: My name is Thea Shapiro and I reside in Puna. MUADTHAISONG: My name is Jirapom Muadthaisong and I also reside in Puna. OZBOLT: My name is Juniper Ozbolt and I reside in Pāhoa, Puna, Hawai‘i. GREGG: Aloha. I’m Makani Gregg and I also reside in Keahialaka, Puna. SHAPIRO: Aloha, and thank you for your time today. I hope that no one here thinks I’m presumptuous in speaking, but I feel very strongly about this issue. I teach at Hawai‘i Academy of Arts and Science, and this is my second year working on site with Mahealani Pai and Keone Kalawe and Malia Kipapa. And I’ve seen so much growth in my students through getting the opportunity to work both on the mauka site, and then when we come, we camp out at Kahalu‘u. And so when Malia gave presentation to us and explained everything about the proposed educational complex, I thought it was so inspiring and so important, because I witness firsthand the growth of my students and the 18 EXHIBIT B inspiration, and then also in just being on the site, it’s so, it’s such a powerful place, and I think that anyone who visits the site can feel that. And it’s my understanding, I know someone was concerned about public access and being able to visually see what’s there, and it’s my understanding that Kamehameha Schools’ plan is very well laid out that there is going to be public access to the shoreline, and that there is visual access to the cultural sites while still protecting them. And I do feel like it’s necessary to remove the hotel. When Uncle Mahealani took us and we were just standing on the landing of the hotel, the lanai, I mean, it seems that it’s not just a visual barrier between Hāpaiali‘i and Kapuanoni Heiau but energetically it seems like it’s a barrier to the connection of those two heiau. So I’m in full support of their entire proposal, including the removal of the hotel seems like a necessary part. And I think it’s just a great opportunity to make right some of the past mistakes, to create an educational complex to help preserve and perpetuate the Hawaiian culture, as well as to educate the general public and our keiki about the importance of preservation of our cultural natural resources. We can’t expect people to protect what’s here, if they don’t know what’s here. So in that way I think it’s crucial that this project be allowed to go forward. And we know the importance of education for the health and wellbeing of our children and our island community. And I hope that the Commission will work hard with Kamehameha Schools to make sure all the necessary permits can go through. I think it’s our opportunity to do something very proactive for this generation and for the generations to come, and also to show respect for our kūpuna and for the culture. Mahalo. MUADTHAISONG: I didn’t really write anything down, so this is from what I want to say. I have been part of a Maluaka program for five years; I’m a student leader there. And we, when I first started to come and camped at the site, I had a thought why are we camping next to a hotel, which I found really bizarre. And Uncle Mahealani once asked us what it felt like to have a hotel built in our backyard, and I didn’t really think much about it until I thought about my culture. I am not from Hawai‘i; I am from Thailand. And I was not born here, but I do understand what it’s like. We have a temple in our little village where my grandfather lays, and I would not be happy, if I had gone back to it and see that there is something that is built, that is built on top of my own grandfather’s grave, because – oh, my god – this program has taught me to appreciate where you come from, because we are the next generation and I, as your, we – oh, my god, I can’t, I’m sorry I can’t do this, Juniper, please go. OZBOLT: I just want to say thank you to Mo for opening up herself to say what she has to say about her own culture. I’m Juniper Ozbolt, and as I said before I live in Puna. And I am a student leader with Hui Kaha Pōhaku through Hawai‘i Academy of Arts and Science, or HAAS, and I’ve been a student leader and part of the program for five years; this is my fifth year. Throughout the whole process of being in the program I never really understood the importance of the Hawaiian culture of the places that surrounded me, because I have grown up in these islands, and, although I am not of Hawaiian ancestry, I never really knew the importance of knowing your own culture and knowing where you came from and what surrounds you. But through Hui Kaha Pōhaku and through being at the site I really learned that it’s important to preserve your own culture and to know about other cultures and have respect for them, respect for the past, for the present, and to preserve them for the future. And, like I said, although I’m not of Hawaiian ancestry, through being through the site it has inspired me to ask my own grandparents, my own great-grandparents what our history is, where we came from and what we are doing to preserve it. And so I think it’s extremely important that this hotel that is over a heiau is taken down and is respecting, that the heiau is put back and respected, and that a cultural site is created for all people of all different ethnicities and races and backgrounds can 19 EXHIBIT B come and see what the Hawaiian people and what the people of the community of the Big Island have for the Hawaiian culture. And so I feel that just like I have through the project, learning about my own culture and my own background, people from all over the community can come to this new site and learn about the Hawaiian culture and their own, be inspired to learn about their past and to work to preserve their past. So I really support the building of the educational facilities and the removal of the hotel. Thank you for your consideration. GREGG: Aloha. I am Makani Gregg from Keahialaka, Puna. I just want to say mahalo to everybody who have spoken thus far, especially the haumāna from Puna. I’m a kumu, or teacher, at Kua O Ka La Public Charter School. I’m also a learner and a practitioner myself. My first relationship with Kahalu‘u Ma Kai was also through education through UH Hilo through a Papa Kalo and a Papa ‘Ōlelo Hawai‘i. So exactly what the history of this place was and what it should be in the future is an education complex. So I also approve to the fullest Kamehameha Schools’ application to remove the hotel and the affiliated structures that go along with the hotel to reestablish the education and preparation of our cultural and traditional practices. I also support the restricted access to the area, as in the words that were said earlier, an access into the middle of the property for viewing and to view heiau and cultural sites. Heiau and cultural sites in the idea too is just not a viewing, and beside the beautiful thing to look at, it’s not its purpose. I do believe in the restrict access in the sense of community events, outreaching events, or hō‘ike for haumāna or even as kumus, as we are learning on the way because it’s a multi-generational learning place, that these aren’t times that can be open to the public. And again, like even at a haumāna stance, and even for myself as a learner, that we are not a museum, we are not architects, we are not coming in here for people to take pictures and to look at, and that’s just how I see it. So when we have these events or these times for the public access, at least it’s a more engaging and everybody is learning alongside each other. And the same thing with the access in the front along the makai area in front of the heiaus that, I think that also needs to be kind of restricted just on the sense of safety for the general public that walking or cruising along in front of the heiau in the area, because it’s not the nicest walk-path, it’s not a sandy beach in the front, that I think the area should also be restricted, again, just to the sensitivity of the area and the cultural sites, and it’s not an easy place to walk, and just for the safety of everybody that I agree that the place, the area should also be restricted. And so, mahalo. UNGER: Pualani Maieluna, Karley Rose, Jenizary Morante. Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? TESTIFIERS: Aye. I do. UNGER: Please state your name and where you reside. MAIELUA: Blossom Pualani Lincoln Maielua. I’m from Waimea, Hawai‘i. ROSE: Karley Rose. I am from Puna. MORANTE: Aloha. My name is Jenizary U‘ilani Morante and I live in Puna. MAIELUA: Aloha. My name is Blossom Pualani Lincoln Maielua. I was born and raised in Waimea where I currently live there with my family. My affiliation with Kahalu‘u Ma Kai is 20 EXHIBIT B multifaceted, as I’ve been a learner of the space as a voyager of Makali‘i. I have raised my children on these grounds. I have taught students of their history while standing amongst the brilliance of their kūpuna, and participated in ceremonies of my family and the families of Kahalu‘u on Hāpaiali‘i Heiau, as we observed the same movement of the sun and the establishment of our seasons as did our kūpuna. Today I speak to you as an instructor of the Hawai‘i Life Styles at the Hawai‘i Community College Pālamanui. For the past three years I have conducted several classes from the grounds of Kahalu‘u. In collaboration with the fabulous and extremely knowledgeable team and staff of Kamehameha Schools under the direction of Mahealani Pai, we have housed Hawai‘i culture specific educational experiences in curriculum comprising of over 50 college-hour credits and well over 200 college students. As a college instructor of the ‘ike, or knowledge, of my kūpuna, the native people of this land, I create a classroom environment based upon scholarship, academic integrity and respect. Kahalu‘u Ma Kai has fulfilled these objectives and more, as it has become a true piko, or sacred center, in connection of my classes to the larger community. This is because of the incredible mana, geographical and celestial significance of these coastal sites well recognized by generations before us, reminding us today of our obligation to uphold and preserve the culture integrity of this space. The Hawai‘i Community College also holds its annual Māweke Graduation Ceremony on Hāpaiali‘i Heiau where graduates from the college and throughout the community come together, along with their supportive networks and systems, in honor of the completion of their academic journey through the observation of the setting of the sun and the early hours of the evening. It is at this time when this ceremonial space, within this ceremonial space, that graduates are able to foresee and focus on, in and on their next steps, their future endeavors and their commitment to their community. The space of Hāpaiali‘i provides for that, and the security of the site and nearby areas allow for such ceremonies of intention to take place. Educational programing and ceremonial functions are located on the northern end of Kahalu‘u Ma Kai; therefore, a safety buffer zone is absolutely necessary. I humbly ask that an educational and safety buffer zone be established on the northern half of the property where the majority of cultural resources are concentrated and where alter educational program will continue to take place. I ask the Hawai‘i County Leeward Planning Commission to approve Kamehameha Schools’ application for an SMA permit to remove the former Keauhou Beach Hotel and redevelop an educational facility for the perpetuation of our culture and traditional practices. I say this on behalf of Hawai‘i Community College Pālamanui, our Director Marty Fletcher, as well as I Ola Hāloa Hawai‘i Life Styles Program, our Director Kekuhi Keali‘ikanaka‘oleoha‘ililani. Aloha. ROSE: Aloha. I am here to tell you guys, well, to say that we went to Kahalu‘u and we stayed there overnight, because we stayed up at, while we worked up at Maluaka with Uncle Keone and Uncle Mahealani, and we heard some ‘ōlelo, well, listened to some ‘ōlelo about the place, and then we were told about the educational facility that they want to build, and how there is going to be a pathway that they want to make, and how they want to practice cultural things on the land, but having the pathway is like letting a whole bunch of tourists come through and watch what you are doing and taking pictures of you like they are at a museum. But what we do in the Hawaiian culture, you don’t just stand around and watch somebody and take pictures of them while they are doing some type of cultural practice. Well, that’s for any type of culture; you don’t want anyone to just watch you and take pictures of you, because that’s not right. You either, it’s either you join in and help instead of you watch them. Because we deal with that in Puna when we work in our fishponds; because our school is very next to Ahalanui Park, there’s people coming and when we are cleaning all the fishponds, they’ll come and take pictures of us. And we have to go out to them and tell them to delete them because it’s not right. And that’s it. Thank you. 21 EXHIBIT B MORANTE: Okay. Aloha mai kākou. Again, my name is Jenizary U‘ilani Morante. I’m currently a junior at Kua O Ka La. So Kua O Ka La is, as Karley said, is located right next to Ahalanui Park, or also known as Warm Ponds, and that is a major tourists attraction right there on Red Road, our Kapoho-Kalapana Road. So for that we have a lot of tourists coming in and out of our school every day, like tons of them asking for directions and stuff, and always, yeah, when we work in our fishponds, because we are located on 600 acres of Kamehameha Schools land, which fishponds is like right there, so we are right there on the ocean, and with that we always go there almost every day, clean out, do observations on surveys of different types of invertebrates, fishes, all kinds of different things for science classes and many more stuff. And we always get the experience of people watching us, because there are always these people. They come over from the Warm Ponds or Ahalanui Park, and just watch us. They just stand there. They don’t ask questions or anything. They just stand there, they bust out their cameras, phones, anything, and start taking pictures of us. And the thing is that we don’t want that, you know, to be like how what Hawaiian charter schools do all day, because we are a Hawaiian public charter school, so we don’t want to get like, you know, stereotypes that things like all Hawaiians do that all day and Hawaiians do this all day and blah, blah, blah. So what we want is a good reputation. So just like for Kahalu‘u Ma Kai, if you guys add the public access, it will end up kind of like our school, right there on the kai and people and tourists coming in and out, taking pictures of you guys, well, yeah, while we are trying to learn and get our studies of our culture. Mahalo. UNGER: Mahalo. Are there any other members of the public that would like to testify on this agenda item at this time? Please come forward. DANIEL: I guess I didn’t make the list. UNGER: Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? DANIEL: I do. UNGER: Please state your name and where you reside. DANIEL: My name is Faye Daniel. I live in Kona and I’m representing the Daughters of Hawai‘i. The Daughters of Hawai‘i have worked very closely with the Kamehameha Schools in the development of this plan. The Daughters of Hawai‘i were formed in 1903 by six Presbyterian ministers’ wives, and their mission is to promote the culture and the language of the islands. That said, we are in full cooperation with what the Kamehameha Schools are doing here. We have sat in meetings with them over the past five years. We’ve looked at the plans. They’ve asked and accepted a lot of our input. And we feel that this particular site and the culture that goes along with it needs to be not only preserved but there has to be some kind of restriction on it. The Constitution of the State of Hawai‘i, in Article IX, Section 7 and Section 9 talk about the conservation and development of the culture and the preservation of the cultural heritage sites. We understand fully how important ocean access is. But also, even greater than that, and I think this is where the discussion is pivotal, are you going to allow free access over the historical preservation and the cultural practices of this particular site? Are you going to overlook the protocol that goes along with your approaching, when you 22 EXHIBIT B approach heiau or when you approach certain area that is sacred to this particular site? The Daughters of Hawai‘i support the Kahalu‘u Ma Kai project. We’ve been involved with it. And we are, again, with the Kamehameha Schools for the preservation of the culture and of the language. And that’s it. Thank you. UNGER: Thank you. Thank you all for your hō‘ike and your mana‘o. At this time, Commissioners, do you have any questions for the testifiers? Commissioners, at this time I need a motion to close the public hearing portion of our meeting. SHIMAOKA: Motion to close. KAHOLO: Second. UNGER: It was moved by Commissioner Shimaoka and seconded by Commissioner Kaholo. All in favor? COMMISSIONERS: Aye \[unanimous\]. UNGER: Opposed? Motion carries. This portion of the meeting is closed. At this time we’d like to call the applicant up for their presentation. Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? APPLICANTS: Yes. UNGER: Please state your name and where you reside. DUARTE: Aloha. Kā‘eo Duarte of Hōlualoa, Kona. MILLER: Aloha. Jamee Miller of Kaloko Mauka. SALAVEA: Aloha. Allen Salavea, P. O. Box 5722 Hilo, Hawai‘i 96720. DUARTE: Aloha, and mahalo, Commissioners, for listening to all of our guests today and for having us today. And I want to start by as appropriate acknowledging all our kūpuna who are here with us both physically and in spirit for this very important project. I have the honor and privilege of introducing our team today to do a short presentation with you, an abbreviated presentation for you, after which we’ll have a few comments, and then as the Planning Director’s team mentioned, you know, we will be moving for a continuance to the next hearing. But we’ll move forward with our abbreviated presentation and some comments. So I’m here in two capacities today. I’m here on behalf of the trustees and the CEO team of Kamehameha Schools. I am the Vice President of Community Engagement and Resources for Kamehameha Schools. Again, I have the privilege of managing a wonderful team of people with the tremendous kuleana to steward Pauahi’s lands across five islands statewide, as well as developing our plans and our services in our communities, in our broader Hawaiian community statewide, that’s the group. I’m also here as, like Commissioner Kaholo and so many others that this site seems to draw to 23 EXHIBIT B itself, as a lineal descendant of Kahalu‘u. My father was born and raised on Pauahi’s lands on a lease in Kahalu‘u. His mother, Mysie Kalamanamana Nahale was born and raised in Kahalu‘u. Her father, Kaauwaiakeakua Nahale, and her mother, Kaheiauikawalunao Puukohola, raised her in Kahalu‘u, and they rest at Helani Church in Kahalu‘u, and so on and so forth. So for me, raised picking coffee and chasing cows and fishing in Kona, it’s a privilege to come back and be able to work to try and serve this place that gave life to my parents and to my family. This project, you know, with Kamehameha Schools as the largest private landowner in the state and also as the largest purveyor of education, private education, in the state, really symbolizes bringing life, bringing these two things together; it symbolizes bringing life to our lands and to our children and to Pauahi’s mission that you see here on the board. It symbolizes reactivating the original learning space where people like Kamehameha himself learned to lead. Before there was Kapālama Campus, before there was Maui Campus, before there was the Kea‘au Campus in Hilo, there was ‘āina as the campus as place to learn; there was kai, ocean, the marine environment, as a teacher; there was lewa or lani as a teacher. So in many ways you come in full circle to the original regional place of learning, and elevating that, especially at this place where, as Kalei mentioned, Lonoikamakahiki had this as a university of sorts so many hundred years ago. We are here to ask for your blessing to rededicate Kahalu‘u as a center of learning and leadership excellence grounded in the traditions, the mo‘olelo of Kona and the traditions of our Hawaiian people of Hawai‘i. We want this to be a place for everyone from the little babies all the way to Hawaiians and others getting their Ph.D., a place to study fish to physics, from agriculture to, you know, biology. We want it to be a safe and vibrant place for learning and life success. We want it to be a place for the Department of Education for public schools, for charter schools, for the university system, for the community college system, and beyond. You notice today that, there was no Kamehameha Schools classes here today, but again in the vision of where we are going in our new strategic plan, Pauahi’s keiki are all over. In fact, a majority of Pauahi’s keiki that she left her lands and will to are not, cannot be served on our campuses. And our new strategic plan is all about, and her mission was to serve educational opportunities in perpetuity and improve the capability and wellbeing of people of Hawaiian ancestry. We need to move, continue excellence of our campuses, but we absolutely have to move beyond that, and that is a big focus of the next strategic plan of this Board of Trustees. And this project in Kahalu‘u Ma Kai actually is a very strong physical representation of the direction that Kamehameha Schools is taking to embrace the rest of Pauahi’s kids, the rest, in our communities all over the state. And we think that by elevating our native Hawaiian kids and families, we are actually going to elevate the whole community, Hawaiian or otherwise, and you can see that demonstrated before you today. So today we bring you a project, and there is a question about, you know, why we don’t need an EA, or why we got a Findings of No Significant Impact, and I know you folks hear a lot of request to develop and to build and to have certain impact, and today we bring you a project that, compared to the two hotels we had there, a project that restores sacred sites and spaces, doesn’t desecrate them, or a project that reduces environmental impacts from what was being done in the hotel’s site, a project that reduces traffic from when it was a resort, a project that enhances water quality and the marine environment, a project that provides safe and respectful and sensitive access, with the public access plan we have in there, there would be, besides restoration of these for viewing and learning, more public access than has ever existed on the site, probably in over 100 years or more. And on top of all of that a project that provides a public and community benefit for our most precious resource, which 24 EXHIBIT B is our kids. So with all that in mind, I want to thank you in advance for your support and turn it over to my colleague, Jamee, who is – introduce yourself? Yeah, okay. MILLER: Mahalo, Kā‘eo. Aloha, Chair and Commissioners and Director Kanuha. Mahalo for this time. Again my name is Jamee Miller and I’m the Interim Senior Director and the Director of Education for Kamehameha Schools in West Hawai‘i. So we appreciate the work that you do as a commission to direct and advise proper uses of land here on Hawai‘i Island, and feel that the Kahalu‘u Ma Kai project represents a seminal moment in terms of embracing and celebrating the best use of our lands. Kamehameha Schools’ hope is to be able to continue to restore, learn and share these resources with our lāhui for the betterment of education, culture and wellbeing of all of Hawai‘i’s people. We are ecstatic about this project because Kahalu‘u Ma Kai envalues a fundamental shift by Kamehameha Schools towards significant pedagogy and experiential learning spaces that will once again bring relevancy to the rich cultural traditions, history and practices via culture-based education between Hawai‘i’s people and the natural environment. As far back as 1400’s Kahalu‘u Ma Kai was a place of influence and known as the education piko for the ali‘i, future ali‘i and kāhuna across the pae ‘āina as evidenced by the different heiau and cultural sites we have been restoring and stewarding. Keauhou, its influence, neighbor and the birthplace of Kauikeaouli, or Kamehameha III, who declared during his throne, “Chiefs and people give ear to my remarks. My Kingdom shall be a Kingdom of learning.” By the end of his 30-year reign, the creation of 423 schools allowed over 10,000 students to be educated and the first teachers training program existed in Hawai‘i. Now, we look at this current slide, and it is a state of native Hawaiian education in West Hawai‘i. And what it depicts here, it shows that for us in early education enrollment for West Hawai‘i is higher as a percentage than statewide average while each of the other student academic milestones require attention. West Hawai‘i students fall far below the state average in post-secondary training and education. The next slide shows you, and there is a handout because you can’t really see the slide that we have for you, and what that shows there is that we already, Kamehameha Schools serves a diverse range of learners and learning communities from West Hawai‘i across the island, the state and the oceans. So you notice in the boxes that are highlighted in blue; they identify the learners that we currently, that currently use our Kahalu‘u Ma Kai program, such as the students here with us today, while other strategies, including this project, will expand the breadth and depth of Kamehameha Schools impact to other learners and systems in the lighter boxes. So we have a lot of work to do. These are just a few reasons we find especially important to complete the Kahalu‘u Ma Kai project in restoring a place of learning for our people. So much so that the West Hawai‘i region has a five-year plan with ambitious goals and outcomes that, if accomplished, will undoubtedly elevate our community. The Kahalu‘u Ma Kai project will guide the action that honors our Hawaiian values and st identity, with clear aspirations for 21 Century excellence in learning, teaching, asset management and professional development. Kahalu‘u Ma Kai is also envisioned as a venue for gathering partners and collaborators, other learning and teaching organizations from this community and elsewhere, to take advantage of as broad range of perspectives and experiences as possible for the benefit of all learners. 25 EXHIBIT B One of the drivers of the Kahalu‘u Ma Kai project, and you heard some testimony earlier today, has been the community. This slide represents their voice, a synthesis of numerous outreach meetings and charrettes since 2012. Of significance the community has that they want additional educational facilities and infrastructures here in Kona; learning experiences that instill high educational expectations, sense of kuleana and servant leadership; leadership pipeline for teachers, and stronger professional development; teachers, mentors, and families who are empowered and equipped for success; out-of-the-box thinking to make learning relevant and interesting; and sustainable science, curriculum and practices. The Kahalu‘u Ma Kai project is the anchor of an ambitious and multifaceted education plan for West Hawai‘i. With direction from our lineal and cultural descendants of the area and the State Historic Preservation Division, as well as West Hawai‘i community, we truly feel that this project will provide a wealth of education and stewardship opportunities that will enrich the lives of all learners. This project will increase the capacity at Kahalu‘u Ma Kai, will provide flexible learning spaces, indoor and out, will provide multigenerational experiences, will integrate technology with applied learning, and will innovate and expand cultural-esteem programs. In order for our plans and the community’s dreams to come to fruition, here is a simple description of our proposed action for the Special Management Area application: Step One will be to remove the Keauhou Beach Hotel structure, and then Step Two will be to develop it into our educational facilities. So as you heard, Kahalu‘u Ma Kai is in transit to the accomplishment and success of learners. Kamehameha Schools has shown great commitment and actions being guided by our following vision statement: Within the generation of 25 years we see a thriving lāhui where our learners achieve post-secondary educational success enabling good life and career choices. We also envision that our learners will be grounded in Christian and Hawaiian values and will be leaders who contribute to their communities both locally and globally. We have a real short video that we’d like to share with you today, highlighting some of the programs at Kahalu‘u Ma Kai. \[Secretary’s note: A three-minute video of students participating in educational programs at the subject site and people’s commentaries in support of such programs and of the proposed project, was played.\] This last slide here is our site plan overlaid onto the Kekahuna Map, and we’ll leave it here for your reference as Kā‘eo closes for us. UNGER: Kala mai. I have to call a recess right now. The haumāna need to get back to their class. RECESSED The Chair Pro Tem called a recess at 1:20 p.m. RECONVENED The meeting reconvened at 1:25 p.m. DUARTE: The room feels so empty now. Well, just in closing, because we are in support of the Planning Director and the Planning Department’s request for a continuance to the next hearing, but in closing there are a couple points we have in response to some of the points raised by the Planning Department staff in their presentation. So just quickly I have some comments today on those. 26 EXHIBIT B Regarding the shoreline setback variance issues and requirements for demolition of the hotel, while it’s clear that maybe some outstanding, or clarifications needed, some i’s dotted and some t’s crossed, we are really confident that, as we address these issues, shoreline setback variances, with the Planning Department in the permitting process, that we are confident that the original resolution to those issues will stand as far as those setback variances not be needed as determined. But, again, we look forward to clarifying those things so everything is nice and clean and pono with the Commission for this very important project. Regarding public shoreline access, just to be, again, extra clear as this is a complicated project; there’s cultural sites, there’s kids, the public access, and there’s a lot going on here at this site. But KS has not and will not prevent any lawful mauka-makai or lateral public access to and along the public areas at the shoreline. Let’s be clear about that. We will not, we have not, and we will not impede lawful shoreline public access. We realize, as a letter that DLNR wrote, that there are issues, and we are in conversations with the DLNR on regarding the shoreline area. Again, it’s a complicated issue. We met with the Deputy of the DLNR and the head of the Land Division on Monday in fact, as we continue the conversation, because the area fronting the property, well, actually it was a fishpond, as you know, fishpond laws and ownership, complicating issue. Heiau being in the water is a unique situation that we need to work through with the DLNR. So, but, as again in the, what I thought was a very, in our response to the comment from the DLNR to the Planning Department, and I thought it was a very good response from the Planning Department and the Director to the Chair of the commission on why we are fully within the bounds of the law of not needing that, and that is a separate issue between Kamehameha Schools and the DLNR, that in no way should prevent this Commission from moving forward with the SMA, granting of the SMA permit. And in talking to the DLNR, you know, they agree that to the extent that the County of Hawai‘i has the authority to move forward with this SMA permit as a separate issue from shoreline issues that KS, Kamehameha Schools, and the DLNR need to work on. That is something that we will work on. But we firmly believe it’s a separate matter for us to work on, and that’s going to take some time as, and whatever comes out of that, again, we will not, no intention of impeding law for access to what is deemed the public shoreline area. So I guess at this time we agree with the Planning Department on a continuance to the next hearing to allow us more time to work out a few of these last-minute bugs for this important project. We’ve been at it for a few years now, and if we’ve got to work at it for another month, iron out the details, for this very important project, so be it. But really mahalo for listening to us. Mahalo for listening to the keiki and to the kūpuna of the place. And we look forward to being before you in the not too distant future and getting your final blessing to allow us to move forward with this very important project. Again, on behalf of the trustees and Jack Wong, our Chief Executive Officer, who sent us a blessing today, we really look forward to continuing our commitment. When we shut down the hotel, it was a bittersweet moment for this community, and we made a commitment that we would remove the hotel in a timely fashion to not repeat the mistakes of the Kona Lagoon, and we also made a commitment to all the kūpuna who were ready to pull our ears that you’ve got to follow through with your promise. And this project represents us following through with our promise of making it right at the site and dedicating that and be honorable both to those who have come before us and those who are yet to come. So again, mahalo nui. UNGER: Mahalo. 27 EXHIBIT B KANUHA: Mr. Chairman, I just wanted to make a summary comment here, and that is there are some issues and we’ve listed them as unresolved, but in my mind they are clearly not unresolvable, you know, there’s nothing there that I don’t believe we can come to an agreement that, on those issues, that I’m sure the Commission will be totally supportive of, once we come forward with it. UNGER: Commissioners, as a reminder, this is not up for determination but rather just discussion and presentation. Do you have any questions for the applicant at this time? Commissioner Church. CHURCH: Well, I’ve been sitting here for a few hours, and must admit that there are a few thoughts that are bouncing around my head right now. I don’t have any concerns about the integrity, the intent of the Kahalu‘u Ma Kai plan. Obviously, a lot of work and effort and expense has gone into it. But I am concerned about Keauhou, and would like to see that the potential of this project occurs, because you are going to have just a wonderful effect in so many different dimensions. But as I look at Keauhou, and over the 25 years that I’ve spent there in some real estate development and having interacted with the heads of KIC from time to time over the many years, and the promises and the plans that were well intended but were not funded, and I look at where we are today, I must say that I had the concerns of the perseverance of the Kamehameha Schools and also the commitment of funding that somehow has stopped some of this. And when we look at Keauhou today and the way it’s been leapfrogged by many resorts that are north of the airport, and the golf course that is, the mauka gold course, which is better suited for goats and cattle than it is for golf, and the closure of the makai course, and the lack of real estate development in there, and I’m a resident and I live there, and I’m very much supportive of what’s going on in your plans, but I must say that I hope that you have the fortitude and the perseverance. Because, having been through two SMAs myself, it’s easy to get thwarted and it’s easy to get frustrated, and it’s easy for the commitment of those who are up the line as far as the trustees, to in the end look for different funding solutions and different ways to spend it. So I don’t know what comment you can make about it, but I only hope that you have the perseverance on this one to see it through, it’s not just another plan but it’s the most important plan I’ve seen, and that the funding is really there to accomplish it once you get the approvals. KAHOLO: Mr. Chair? Oh, I’m sorry. DUARTE: Just a quick comment. Thank you for that. And we don’t have time today, but Kahalu‘u Ma Kai is really a part of a much larger West Hawai‘i plan that needs to occur. We are really trying to make right here in Keauhou Bay, there is another place that we’ve been working on, we want to move forward. So to your point there is a lot of other work that we need to do in West Hawai‘i where there is no region statewide with more lands of Kamehameha Schools than West Hawai‘i for good reason; this is where Kamehameha and his aunties and uncles, everybody who fought with him, came from. So fully thought 50 percent of all of our lands are in West Hawai‘i, so there is a lot of work to be done. As fa as funding I can tell you that the budget for the demolition of the hotel has already been approved. It’s sitting there; as soon as you give me the permit, ready to go. The plan is done, the consultants are on board. In fact, we had to tell the consultants they had to go on hold for a little while, because, you know, this is a complicated one, it took longer than we thought. We are about a good eight-, eight- to ten-month behind schedule; we were hoping the hotel would be coming down already. But we have the budget ready to go. So we look forward to moving forward. 28 EXHIBIT B UNGER: Commissioner Kaholo. KAHOLO: Yeah, my concern is mostly in precedents, okay, because I heard you state, you know, your position. Now, you need to understand the public’s position, okay. We are tied to the public’s position. So if we say yes to you, that’s a precedent setting. Now all other projects that come after you, we cannot say what we feel and what the book tells us to do, because once we set a precedent out there, it’s open gate for everybody else. So this is our concern right now. And, you know, you folks need to take your time to look at it because it’s not only one way; there is two sides to the story. And you need to look deep within yourself and say, okay, I’ll give this so we can get this. But if you are playing what the Hawaiian say hard head, it’s not going to happen because, guess what, we work both sides; we say yes to one, we say yes to the other, but we cannot say yes to one and say no to the others. So this is my mana‘o to you. Thank you. UNGER: Any other questions? Mahalo. You may be seated. Mr. Commissioner \[Beaudet\], you can have your seat back. Okay, Commissioners, I need a motion to continue the --. SHIMAOKA: Yeah, I make a motion to defer this to the next hearing. UNGER: Okay. Second? CHURCH: Second. UNGER: So moved. All in favor? COMMISSIONERS: Aye \[unanimous\]. UNGER: Opposed? So moved. DARROW: Thank you. That’ll make my job easy. So with that, this application is deferred until our October, our October meeting. Thank you. The discussion ended at 1:37 p.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 29 EXHIBIT B