HomeMy WebLinkAbout2016-04-21 Leeward Exh C (SMA 16-063)
LEEWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
HEARING TRANSCRIPT
APRIL 21, 2016
OCEAN VILLAS AT KAHALUU BAY,
A regularly advertised hearing on the application of ‘
LLC (SMA 16-063)
was called to order at 10:09 a.m. in the West Hawai‘i Civic Center,
Community Center, Building G, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i,
with Chairman Keith Unger presiding.
COMMISSIONERS PRESENT: Keith Unger, Scott Church, Collin Kaholo, Barbara Nobriga
and Sonny Shimaoka
ABSENT AND EXCUSED: Brandi Beaudet
ALSO PRESENT: Danny Patel (Counsel for the Commission), Duane Kanuha (Planning
Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Planner), Christian Kay
(Planner) and Noriko Sauer (Commission Secretary)
And approximately 80 people from the public in attendance.
APPLICANT: OCEAN VILLAS AT KAHALUU BAY, LLC (SMA 16-063)
‘
Request for a Special Management Area (SMA) Use Permit to allow for the development of a
306-unit multiple family residential project and its related improvements including, but not
limited to, internal utilities and driveways, landscaping, recreational amenities such as swimming
pools, and off-site infrastructural improvements such as sewer system improvements within Ali‘i
Drive and an emergency access/driveway improvements within the proposed Kahului-Keauhou
Parkway right-of-way. The affected properties, consisting of approximately 42.551 acres, is
located along the mauka (east) side of Ali‘i Drive and Kahalu‘u Bay, approximately 1,375 feet
north of the Ali‘i Drive-Makolea Street intersection in Kahalu‘u, North Kona, Hawai‘i,
TMK: 7-8-010:004 and 7-8-014:013.
UNGER: Applicant Ocean Villas at Kahalu‘u Bay, LLC, SMA 16-063. The Planning
Department has, the first order of business, the Planning Department has received a petition for
standing from Paula McMichael, aka Simmy McMichael, which was received April 13, 2016.
The first order of business will be to determine the status of the petition, and so first we are going
to have staff make a presentation on the project just to familiarize us with the scope and the
location of the project, and after that we’ll be calling the petitioner, the applicant and the
Planning Director up and we are going to address the petition for standing at that time. Staff?
DARROW: Thank you, Mr. Chairman. If, again, if I can direct your attention to our
presentation. As mentioned, the applicant is Ocean Villas at Kahalu‘u Bay, LLC, and they are
requesting a Special Management Area Use Permit. The area of the subject property is within
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the North Kona District. More specifically, we are looking at the ahupua‘a of Kahalu‘u. It is
identified with the black outline. For reference we have the wide white line running in a
north-south direction, which is the Keauhou to Kahului Parkway, or Ali‘i Highway as also
called. We have Ali‘i Drive that runs on the makai side of the subject property. Up above we
have Kuakini Highway. And to the, just to the east of the property we have the Kamehameha III
Road.
This is a closer view of the subject property, which is the County Zoning Map. For reference
again, the different colors represent the different types of County zoning for the area. On the
subject property you’ll see several different colors; the yellow represents Single-family
Residential zoning, the brown represents Multiple-family zoning, and the pink, or purple, area
represents Resort type zoning. Surrounding the different areas, we have green just on the mauka
side of the Ali‘i Highway, which is for Open zoning, as well as Multiple-family and Residential.
On the makai side of the subject property we have Single-family Residential zoning as well as
Resort zoning.
This is the State Land Use Boundary Map for the subject property and surrounding areas. The
purple, or the pink, represents Urban zoning, so these areas are in Urban State Land Use
Designations. The green areas to the north represent Agriculture. This is the General Plan Land
Use Pattern Allocation Guide Map for the subject property; this is identified as Single-family
Residential, as well as Medium Density Urban, for the subject property. This is the Kona
Community Development Plan, which shows that the property is on the outer rim of the
Kahalu‘u Makai Village TOD, or Neighborhood Transient Oriented Development.
This is an aerial photo of the subject property, currently it is vacant, which also identifies Ali‘i
Drive running on the makai side of the road, as well as the constructed single-family dwellings
that are there at this time. Majority of the area to the east is also vacant, as well as the adjoining
properties to the north.
The applicant is requesting a Special Management Area Use Permit to allow the development of
a 306-unit multiple-family residential project and its related improvements, including but not
limited to internal utilities and driveways, landscaping, recreational amenities such as swimming
pools, and offsite infrastructural improvements such as sewer system improvements within Ali‘i
Drive and an emergency access driveway improvement within the proposed Kahului to Keauhou
Parkway right-of-way. The affected properties consist of approximately 42.551 acres and
located along the mauka, or east, side of Ali‘i Drive and Kahalu‘u Bay.
This is the site plan that was submitted with the application. For reference – it’s difficult to see,
there are different colors on this map that didn’t come out too well in the transfer, but I’ll try to
identify them – the orange areas on the map identify the actual multiple-family structures. There
is light green that borders within and out of the structures, which is the project area as well as set
aside for landscaping and those types of improvements. There is a blue area here and that is a
drainage way. The brown areas that are identified throughout the project site are preserved
areas, and the dark green is a buffer area that will not be, there will be no construction within
those areas.
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This is a site photo; this is where the sign is posted, which would be the access area of the
subject property. This is on Ali‘i Drive looking mauka. This is on Ali‘i Drive looking south
with the subject property entrance on the left. And this is looking north with the subject property
entrance on the right.
And that concludes our presentation. As mentioned, there is a petition for standing in a contested
case, so the background and recommendation have been withheld by the Planning Director at
this time. Additionally, the Planning Department has received a number of letters and comment
letters from multiple agencies, which have been distributed to the Commission. We have
received one request from Simmy McMichael in regards to the possibility of a recusal of one of
the Commissioners.
UNGER: Thank you.
DARROW: Thank you.
UNGER: At this time I’d like to call the petitioner, the applicant or the applicant’s
representative, and the Planning Director. Ms. McMichael, if you could come forward at this
time. Thank you. Please raise your right hand. Do you swear or affirm to tell the truth before
the Planning Commission?
APPLICANT’S REPRESENTATIVES: Yes.
KANUHA: Yes.
SELF: I do.
S. MCMICHAEL: Yes.
UNGER: Starting with you, Ms. McMichael, can you state your name and area of residence?
Could you please speak into the mike so we can all hear you? Thank you.
S. MCMICHAEL: Simmy McMichael, Kailua-Kona.
UNGER: Thank you. Please continue.
LAU: Christopher Lau. I’m a representative of the applicant from Honolulu.
UNGER: Thank you.
MENEZES: Steve Menezes. I’m representing the applicant. I live in Hilo.
MOORE: Bill Moore, the planning consultant for the applicant.
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UNGER: Please —
MOORE: Bill Moore.
UNGER: There you go, that’s clearer.
MOORE: I’m representing the applicant. I live in Hilo as well.
SELF: Deputy Corporation Counsel Amy Self representing the Planning Director who is seated
on my right.
KANUHA: Duane Kanuha, Planning Director.
UNGER: Thank you. If I can remind the testifiers that we are at this time focusing, if I can
emphasize that the focus of the testimony right now is to grand standing, should standing be
granted or not in this petition. Before we get to that, I would like to address a letter that we got
from the petitioner requesting that Commissioner Church be recused. So at this time,
Ms. McMichael, would you like, we would like you to address that specifically, and then when
you are done, we’ll have Commissioner Church respond. So please, please continue.
S. MCMICHAEL: Yes, I would like Mr. Scott Church to be recused, because he is part of the
Kona Coast Resort Timeshares and he is president, and I feel that it’s a conflict of interest
because we are against the timeshares. So I don’t, I think it’s, I think you should recuse yourself
for fairness. I have no, I don’t even know you, nothing personal, no grudges, I just think it’s, fair
is fair, and I should be on even grounds here. Thank you.
UNGER: Thank you. Commissioner Church, this is your opportunity to respond.
CHURCH: Sure. Well, thanks for bringing up that project. I was involved in the project and
oversaw it from 1988 to the year 2000, and then I left the employ of two partners at that point in
time. And true, I developed three Penthouses at the Kona Coast Resort after that, which were all
sold by 2005. I’m not on the board, I’m not an officer in any corporation that’s associated with
that, and since that time have done resort condominium development. If my involvement, if as a
result of my involvement some 15 years ago I was to recuse myself, then I would have to for
virtually every real estate project that ever came before this. I’ve been involved in lot
subdivisions, single-family homes, high-rise residential in Honolulu, resort condominiums, and
some timeshare. But I have no financial interest in now these developments at this point in time,
so I, I cannot recuse myself, I see no merit in that. Thank you, though.
UNGER: Thank you, Commissioner —
PATEL: Mr. Chair, if I can. Just to be clear, Commissioner Church, do you have any interest in
the application that’s before the Commission?
CHURCH: No, I have no interest in that.
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PATEL: Thanks.
UNGER: Thank you. Ms. McMichael, this is your opportunity to explain why you should be
granted standing according to criteria Rule 4-6(b). Among other reasons, you are to testify why
your, why you clearly have a distinguishable interest from the general public and/or that even
though you do not have an interest, that this proposed action will cause actual or threatened
injury. Basically this is your opportunity to discuss your petition for standing in a contested case
hearing for this application. So please proceed.
S. MCMICHAEL: Why I stand out separated from the general public is because I’m adjacent to
the property for about 30 years. And I feel a deep connection to the property. And I have a lot
more to say than being cut off at three minutes, and I really need to speak to all of you and it
could take hours regarding the property. That’s my reason.
UNGER: Thank you, understood. Applicant, do you have any objections to the petition?
MENEZES: Is it possible that we can ask the petitioner a couple of questions?
UNGER: Can you please speak a little bit more clearly into the mike?
MENEZES: Is it possible to ask the petitioner a couple of questions?
UNGER: Yes. This is your opportunity.
MENEZES: Ms. McMichael, you say that you are an adjoining property owner in your petition,
is that right?
S. MCMICHAEL: Yes.
MENEZES: And do you live on that property?
S. MCMICHAEL: No, it’s a vacation rental just like you know it is.
MENEZES: So the property that is adjoining of the applicant’s property is used as vacation
rentals.
S. MCMICHAEL: Correct.
MENEZES: Okay —
UNGER: Excuse me, can I interrupt for a minute? Can you direct your questions to me? And
then I will relay them onto Simmy and ask her if she has a response or not.
MENEZES: Certainly. We have no further questions.
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UNGER: Okay, okay. To the Planning Director, Mr. Kanuha, do you have any objections to the
petition?
SELF: No, we have no objections. Thank you.
UNGER: Okay, okay. Commissioners, do you have any questions to the petitioner, applicant,
Planning Director at this time? Any questions to staff? Thank you. You all may be seated. And
at this time we are going to be asking for public testimony. Before you are seated, can, as
applicant, can you state for the record whether you have an objection to the petitioner or not?
MENEZES: The applicant is taking no position on the petition to intervene.
UNGER: So noted. Thank you. You may be seated now. We are going to open up this section
of the meeting to public testimony. It looks like we have quite a few members of the public that
want to testify. I’ll be calling, we have six seats, I’ll be calling you up six at a time. We can
swear you in at that time, and then you can provide your testimony. At this time you can testify
either in regard to this petition for standing or in regard to the SMA application in general.
Again, in order to facilitate everybody’s wish to testify, we would like to limit testimony to three
minutes again so that everybody in the public can have an opportunity to testify. First members
of the public, Faye Daniel, Patricia Holum, Wayne Holum, Simmy McMichael, Lokelani
McMichael and Trish. Aloha. Can you please raise your right hand? Do you swear or affirm to
tell the truth before the Planning Commission?
TESTIFIERS: I do.
UNGER: Can you please state your name and where you reside, starting with Ms. McMichael?
S. MCMICHAEL: Simmy McMichael, Kailua-Kona.
L. MCMICHAEL: Lokelani McMichael, Kailua-Kona.
KNUDSEN: Trish Knudsen, Kailua-Kona.
W. HOLUM: Wayne Holum, Ali‘i Heights, Kailua-Kona.
P. HOLUM: Patricia Holum, Kailua-Kona.
DANIEL: Faye Daniel, Hōlualoa, Kona.
UNGER: Thank you. Ms. McMichael, you can begin.
S. MCMICHAEL: Okay. Being an owner of two properties adjacent to this project, I knew that
this land was spiritual. I did not know to the extent of how until this development was proposed
and I read all the archaeology, and I was floored. I can’t believe what’s back there. It’s the
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largest archaeology site ever found on the entire island, and it goes back to the chiefs and the
kahunas. And it’s a very peaceful place, very calm. And just to know I’m there and knowing
that the chiefs walked there, lived there, planted all their crops for all their food, it’s so special.
It breaks my heart to talk about it. I don’t even know why I’m here or why it has to be built or
why we have to fight it. It’s so spiritual. There you go, I’ve got two minutes. Okay, let me
make it quick. The main players of this whole case was the Kahulamu’s and Curtis Tyler. They
got special treatment because they spoke up; they spoke up for their ‘āina, they spoke up for the
burials, they said there was a lava tube there, they said there was, they want protection, they
don’t want the construction. So they got special treatment from Towne Development: Buffers,
no construction, privacy, not for the mainlanders to come there and prey upon them. I as an
owner, I asked to be in the meeting, and I got word that they were going to trade land. I said,
don’t trade, it shouldn’t even be dealt with, you shouldn’t even build it. You just shouldn’t. We
shouldn’t even have to deal with it. And I’m, I can’t help but be emotional about it. Okay, well,
I’ve got one more minute. I have to speak up for the rest, because no one else is speaking up for
them. Because no one is praying there, so they get run over? In my eyes it’s one for one, all for
all, and it’s justice for all. And it should be protected and preserved for the ‘āina, and not the
mainlanders, timeshares. We are, we are going to make over 350 million dollars a year, and they
don’t care about us, it’s all about the dollar signs, they don’t care about the cultural. We need to
preserve it for the future generation, and show how special it is. It’s so special. I can’t be quiet,
I just can’t. And I’m going to be a lone ranger of the neighborhood, but so be it.
UNGER: Mahalo. Thank you.
L. MCMICHAEL: Okay. The project is confirmed as of a letter dated March 29, 2016, by the
State Historic Preservation Division. Records indicate that the Kahalu‘u District was placed on
the National Register of Historic Places. We need to preserve and protect this for the present and
future generation. Documentary research says that Kahalu‘u had the greatest number of
archaeological sites to be found anywhere on the island. Kahalu‘u is attributed to the presence of
various ruling chiefs. The project access makai is on Ali‘i Drive right at the Kahalu‘u Bay.
Average of 600 cars per day would be coming and going from this proposed timeshares. The
Kahalu‘u Beach will be most affected, and with only 74 parking stalls, and average of people
visiting the beach is 1,500. We do not need any more timeshares added. We have no sidewalks
and it’s not safe walking between parked cars along Ali‘i Drive and only a line-drawn path for
walking to and from the beach. The makai access to the project still needs to be fully addressed
in regards to archaeology. It is in the VA flood zone, VE flood zone, so what happens when a
tsunami hits? Also, earthquakes as well as Volcano Hualālai. The mauka access is depending on
the Keauhou Parkway, formerly Ali‘i Highway. The County has no plan at the present to
complete this project. There are as many archaeology sites in the path. The exact same reason
why the Ali‘i Highway is a no-go. The developer states they will contribute to pay this when a
100-unit is occupied. Kona has seen enough of this after-the-fact in the past development. And
throughout this proposed permit the word “if” is used for the mauka access. Safety should all be
considered for the public trust first. It’s time Kona wakes up to stop development near our
precious ocean. Runoff pollutions and ecological effect of air pollution. Development are all
about landscape fertilizers and pesticides, which will have an adverse effect. Kahalu‘u Beach
will be affected. We need to protect Kahalu‘u Historical District, its natural beauty, natural
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resources. It’s one of the most top attractions for all the visitors to the Big Island best known for
the weather, snorkeling and surfing where King Kamehameha surfed and built the surfing heiau,
the only one in the world. We do not need another Waikīkī. The tourists are already figuring out
the Big Island is the place of old Hawai‘i, and this is what we need to keep, if we want to attract
visitors in the future, and at the same time keep Hawai‘i like it was when the chiefs resided here
at this National Kahalu‘u District. What Kamehameha School is doing on the makai portion,
Kona Lagoon and Keauhou Beach Hotel, should also be done throughout, including mauka.
Already two mistakes, don’t make another.
UNGER: Mahalo.
KNUDSEN: Hi. I completely agree with these ladies. I don’t have a lot more to say in terms of
the details, but it’s so important that this area be preserved. Just real quickly, on a personal note,
I was born and raised on O‘ahu near Diamond Head, Waikīkī Beach actually. And my family
fled that area because of what was happening in the concrete jungle in Waikīkī, and we cannot,
we just cannot let this go on in Kona on the Big Island. There is just so much that we have no
control over it seems, unless we all come together and speak out. So much of the resources are
being taken and not preserved and not for the local people, period. The prices are out of touch,
completely out of touch; people who need homes and places to live on the Big Island in Hawai‘i
are not able to touch these things, and, again, the money goes completely off the island
elsewhere. So I oppose. Thank you. Thank you, ladies.
UNGER: Mahalo.
W. HOLUM: My name is Wayne Holum. I’ve been a resident of the Big Island since 2009. I
live in Ali‘i Heights within a mile of the proposed development. And I’m opposed to the
development because of mainly, in addition to the cultural significance of the area, I’m opposed
because of congestion that’s going to cause along Ali‘i Drive in Kahalu‘u. Right now Ali‘i
Drive with crosswalks and things they have now has traffic stopped regularly, but if you add
hundreds, three to six hundred more people a day, or more, it’s going to be unbearable for Ali‘i
Drive for traffic. And even if they built the Parkway, it still would be, people would be crossing
to the beach. So I don’t understand how that’s going to be accommodated. And I’m opposed to
it because of what that would do. Also, it would impact Kahalu‘u Beach with a major
development there and the runoff from that, and the damage it would do to the coral, the fish,
turtles and the natural environment, not to mention the cultural significance of this land. So I
stand opposed to it as a resident. Thank you.
P. HOLUM: Aloha, my name is Patricia Holum. I live not too far from this proposed
development. I am opposed to this development, and mainly the cultural reasons, but also I want
you to consider, I lived on the mainland, I lived near Puget Sound along the ocean, or along
Puget Sound waterways, and I have swam since I moved here in Kahalu‘u Bay many, many
times, and as you walk along there, you can feel the cold water currents coming through there so
you know there is many, many lava tubes that are bringing fresh water underneath Kahalu‘u Bay.
Now you look at the size of this proposed development, and you can see that there is going to be
lots of grassy areas and lots of shrubbery planted along with the other things that they are going
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to construct. The water runoff is going to, every time it rains, it’s going to transfer all the
pesticides, all the herbicides, so you are going to be swimming in Kahalu‘u Bay with pesticides,
Roundup, you name it, the coral is going to die so quickly along with all the fish and all the
honu. That’s just too large of a landmass with all, all that. So I am definitely opposed to that,
and I want you to consider that there is no way for that not to disturb Kahalu‘u Bay. Thank you.
DANIEL: Good morning. My name is Faye Daniel. I’m representing the Daughters of Hawai‘i,
and I’d like to read into the minutes a letter from our organization:
As an entity of preservation, we support the preservation of this historical and archaeological
site. This valuable site, rich with the remnants of our culture, is recognized by the National
Register of Historic Places and the State Inventory of Historic Places, and once it’s gone, it’s
gone. Please consider this as a very important matter.
Privately, I own property off Ali‘i Drive. I was born and raised in the islands. I am keiki o ka
‘āina. I am embarrassed that this is even coming up for discussion. I don’t get it. Where does
the word “no” come into play? This is a piece of land that’s part of us. There should be no
consideration. We shouldn’t even be talking about it. Thank you.
UNGER: Thank you. Thank you. You may be seated. Janice Palma-Glennie, Ruth Aloua,
Mehana Kihoi, Jamie Pardan \[Pardau\], Amanda Johnson-Campbell, Kane Reeves Kupuna
Hannah Wahinemaikaiokaahumanu Keliiulananioleokalama. Please raise your right hand. Kala
mai.
\[UNIDENTIFIED PUBLIC MEMBER: This kupuna, she’s got to go, so she’s going to, we’re
going to switch places.\]
REEVES: Sorry, but I have to leave, I have another meeting.
UNGER: Okay, that’s fine. And you can state your name at the proper time. Please raise your
right hand. Do you swear or affirm to tell the truth before the Planning Commission?
PALMA-GLENNIE: I do.
UNGER: I do?
TESTIFIERS: I do —
REEVES: I am Kupuna Hannah Wahinemaikaiokaahumanu Keliiulananioleokalama Kane
Reeves. I want you folks to know that I am a direct living descendant of Kamehameha First, the
kahuna line, and Lili‘uokalani. I want you folks to know that I am one of the top people that are
traveling on the four corner of the earth, to let you folks know that I am pure Hawaiian, illegally
overthrown by the United States, the missionary, the Big Five, the military, the —
\[UNIDENTIFIED: All right —\]
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REEVES: — Imperial —
\[UNIDENTIFIED: — all right.\]
REEVES: — and Queen Elizabeth. May I say the name again? My name is Kupuna Hannah
Wahinemaikaiokaahumanu Keliiulananioleokalama Kane Reeves. I am a direct living
descendant of all the Hawaiian Islands on the four corner of the earth. The reason why I’m
sitting here, this is part of my people land. I want you to know that every island that you enter,
there is a lot of sacred sites. Iwi, trail, pu‘u, mountain, cave, everything you name it, is on the
Island of Hawai‘i and everywhere to Kauai and go down to Johnson Island. I am one of the
direct living descendant to let you folks know that. I don’t know what kind of system you folks
working, but I have my own system, is to protect old Hawai‘i. I’m a strong person that’s
traveling on the four corner of the earth. I am connected to Canada, Alaska, United States, South
America, South America, New Zealand, Tonga, Fiji, Samoa, Japan, and on and on and on, back
to Hawai‘i. I worked on Johnson Island many years ago. And I want you folks to know that
went damaged me. I have got cancer in me that I developed for 40 years. I thank you very much
for giving this opportunity to us, to kupuna’s. I’m not very young; I’m 78, I’m going to be 79 in
a few months. I want you folks to know that I’ve been damaged by the Department of
Transportation. And may I say it again? I worked for them for 13 years from Hawai‘i all way
out to Kauai. That’s where all my ancestors come from. Kamehameha First, the kahuna line,
Lili‘uokalani, I’m a direct living descendant, and I have no fear, if you guys want to lock me up.
Okay? No, I’m not joking, because a lot of people are going to look at me, oh, you, \[inaudible\]
kid; I’m not. I am going to be 79. I love you folks, the way how you folks do. But may I say to
all of you who is the head right now, yeah? You guys have a big job to do what you’ve got to
do. The County said, the State said, everybody said. What about old Hawai‘i like me? One
company that is working, and I worked with them for 13 years. I wanted to retire. I’m going to
be 79. I born January 26, 1938, life in Hawai‘i, Kailua-Kona. Every island you go to, our name
is on it. That’s my name, too. I’m not joking. You go every place over here, all the islands, you
see my name on the road. You are right on it. From the mountain to the sea 300 miles out right
around, that’s where I’m related.
UNGER: Thank you, kupuna wahine. We appreciate hearing that. Mahalo.
REEVES: I just want to say thank you. God bless you. And I know where you are at. You
cannot pass me. You cannot tell me that I no can retire because I want to retire this month.
Thank you.
UNGER: Ke aloha mai nō. Ke aloha mai nō.
REEVES: I hope I can find you guys talk because, you know why, I like talk story with that
guy.
UNGER: Mahalo. Please state your name and where you reside, and then you can begin your
testimony. Thank you.
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PALMA-GLENNIE: My name is Janice Palma-Glennie and I reside in Keauhou, Kona. I
wanted to quickly mention that the cost of applying for standing for contested case has gotten
really high. My group who I represent, not today in my testimony, but on the ex com, is
Surfrider Kona Kai Ea, and we are going to help, we, you know, are committed to helping
Simmy McMichael, pay for those fees. But they are really high, and I wish the County would
consider lessening the fees so that the public can take part in the important part of the democratic
process.
As related to the Kahalu‘u proposal, if you live in, have driven through or spent any time in
Kahalu‘u area, it doesn’t take a study to realize that in many respects it’s at its peak carrying
capacity. If protecting the quality of life of residents, healthy and safe, natural environment,
intact cultural resources, and a viable and sustainable economy are what the Commissioners and
other decision makers are committed to, you’ll deny subdivision approval of the land in question,
and, until, and if, the problems that are already exist due to over-development and lack of
infrastructure in the area are addressed. I live in Keauhou. I also spend much of two months of
the winter with my mother in a condo she rents on Ali‘i Drive. As a person who swam and
surfed most days at Kahalu‘u two and a half, three decades ago, I can tell you that when my
mother visits, that’s the only time I spend any concentrated time in the crowded area these days.
Sadly, the park is basically inaccessible during peak beach hours due to lack of parking, beach
space and space in the water. Often there are lines of people getting in and out of the water,
making it feel more like New York City’s Coney Island than Hawai‘i. Ditto for La‘aloa or
White Sands Beach Park; both are overloaded and beyond capacity during winter months when
tourists use is at peak. Even in so called non-peak times the park and parking are overcrowded.
Traffic, no matter how many roads are built, they are filled before connectors are built ad
infinitum. I use Kuakini Highway to crawl to town and that’s not during rush hours. Crawling is
the norm in both directions at most times of the day from Lako to Kam III. A recent depressing
situations having to wait at the light and a line of cars coming up Kam III Road from KTA, it’s –
let’s see, and I got nervous since \[inaudible\] – Keauhou normally takes a half hour exercise for
me to go shopping, but with the new bypass, it’s only gotten worse not better. It will continue to
do so without the apparently dead Ali‘i Parkway, which was the main artery proposed to
alleviate traffic to and from the area.
I feel strongly that this development is untimely. I appreciate that there are protections for some
cultural sites, but not enough according to many who are more savvy. Nor are there
infrastructure, let’s see, nor other infrastructure issues particularly roadway is even possible to
address. As a person who has been directly involved in the creation and ongoing work of the
Kona Community Development Plan, I question whether this plan sets the parameters.
Somewhat uncharacteristically representatives of this development proposal have not presented
their proposal for comment at the Action Committee level or members of the community, and
that that group in particular can address concerns regarding its adherence to Smart Growth
standards, which is CDP now as an ordinance proposes, or includes —
UNGER: Kala mai, can you —
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PALMA-GLENNIE: — however, even if —
UNGER: — can you summarize, please, ma’am?
KIHOI: I only need one minute. She can have two of my minutes.
PALMA-GLENNIE: Oh, really, I’m, thank you.
UNGER: Okay.
PALMA-GLENNIE: Thank you. Anyway, however even if the proposal fits with the CDP
Smart Growth parameters, the lack of infrastructure in the entire Keauhou area makes the
development untimely, certainly in relation to concurrency. As for the new planning paradigm,
which the CDP is meant to help our county shift to, piecemeal developer-built roadways are not
what will help our region solve the larger challenges, which area lack of roadways and other
infrastructure represent. I ask as strongly as possible the Commissioners vote against the
subdivision proposal, which will saddle residents with another boondoggle that you will be
responsible for but we’ll have to deal with. Rats in a cage comes to mind. And everyone knows
that the more rats there are in a finite space, the less friendly, less healthy and happy they are
until the more pro-, and the more problems between and around them arise. Mahalo.
UNGER: Thank you. Please state your name and where you reside.
KIHOI: Mehana Kihoi, Hōnaunau, Kona Hema. Aloha mai kākou. My comments are mostly
directed to the Kamehameha Land Trust. I’m not sure if any of them are present right now. If
you are, would you be able to raise your hand? None of them? Okay. Well, I’m, I would hope
that they would be present at something like this because my comments are towards them. You
know, it’s just, it’s just unbelievable to me that we are sitting here, of course, but Kamehameha
Schools is a land trust; they are not land developers. And their kuleana is to actively conserve
the land and to be stewards of the land. The honor, the legacy of Princess Pauahi is to use her
land to educate the people of Hawai‘i. That’s what she instructed them to do. And the integrity
of their system is just slipping away. I called, well, okay, so I called ten different places within a
five-mile radius of this proposed site, and ten out of ten are experiencing a 40 to 60 percent
occupancy rate, ten out of ten have vacancies for sale and for lease, and so it just shows to me
that there is no demand for this. And I can’t even imagine what the native population, how that
incorporates and how that accommodates the native population. So it’s not needed. And I really
think that Kona just needs to slow down. Just for our kūpuna. I am so humbled right now to be
in presence of this kupuna. And if you don’t, if you can sit there and not feel anything through
her voice, from her presence, you can feel the pain. I’m sitting here in pain just because she has
to come here and speak for all of us. I can’t imagine what struggle it was for her to be here
today, but she’s here and she’s presenting her plead for you to slow down. Mahalo.
UNGER: Mahalo. Thank you.
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JOHNSON-CAMPBELL: Aloha. My name is Amanda Johnson-Campbell. I live in
Kailua-Kona. I’m presenting this testimony on behalf of my family. The Kahalu‘u area is very
important to us spiritually, recreationally and culturally. I’d like to note that I support the
petition from Ms. McMichael to intervene, contested case for this hearing. And I also would like
on behalf of my family you to deny the SMA Permit 16-063 for this development. I’m also an
archaeologist by trade, so I have some serious issues with how the cultural resources in the
Kahalu‘u Historic District has been dealt with in the FEA and the historic preservation work
that’s been done so far. The Historic District is obviously on the National Register of Historic
Places as well as the State Register of Historic Places. But there is no analysis of how this
development is going to affect the integrity of this Historic District. There are seven, there are
seven aspects of integrity that a property must have to stay on the National Register of Historic
Places that is location, design, setting, materials, workmanship, feeling and association; none of
them have been addressed by the FEA or any of the work so far. I’d also like to pick a bone with
the statement that’s made in the, by the developer’s consultant that the cultural values, “The
cultural values of the \[Kahalu‘u\] Historic District are primarily related to the royal residences
and ceremonial structures on the landscape, which are not present on or near the subject property
and will not be affected.” This is seriously lacking scholarly credibility. The sites related to the
maka‘āinana, which supported the royal centers are equally, if not more, important historical and
archaeological context of this area, and that needs to be addressed. There are also many iwi
kupuna that are not within the cemetery area that presently has a buffer. And I’d really like to
know, because apparently the developers are already testing for burials in this area. They don’t
even own the land. Why? They don’t have a permit, they don’t have an SMA permit, why is
this happening? Unacceptable. Iwi kupuna and archaeological sites are great value to our
understanding of the past of this island. This landscape connects us to our cultural history that
extends back hundreds and perhaps thousands of years, and it needs to be preserved. The social
impacts of this are also many. As many people have already said 300 to 1,000 added people at
Kahalu‘u will have detrimental effects to the area, to the water, to everything else. Let me just
add a couple more things. There is also, there was, it was noted that there is no endangered
species of plants in this area, which is, didn’t take into account the sea pink. There is also
‘ōpe‘ape‘a, there is the endangered Hawaiian hoary bat. And the study for this was done in the
daytime, hello? There are bats there. They are there at the evening time all the time. Residents
who live there all the time, they see them. That needs to be addressed further. And you might
need, they might need to get a take permit under HIPA, I don’t know, I don’t know that. You
also need to think about the lifeguards; the lifeguards are already overtaxed. They do not have
enough staff to take care of the people that are in the water now. How are you going to add
1,000 people to that? Property taxes, many residents in the area who are lineal descendants do
not have protections of the kuleana level of taxing. Their property taxes are going to go up.
Thank —
UNGER: Please summarize.
JOHNSON-CAMPBELL: — thank you.
UNGER: Thank you.
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PARDAU: My name is Jamie Pardau. I live in Kailua-Kona. And right now I’m just grateful to
be here and learn even more about the area from all these other wonderful people. What I have
to say won’t take long. You can probably tell I was not born here like many of the other people
who have spoken. But there is nowhere in the world that is more important to me than Kahalu‘u
Bay. I spend many hours every week there working with a volunteer program called the
ReefTeach to make sure that those 400,000 people who come there to snorkel do not damage the
bay or the turtles or the fish. And when I look at this development and I remember the rains last
summer that caused erosion into all of our coastal waters and I think about what that will add to
Kahalu‘u and the kind of mud and silt and pesticides and fertilizer that it will add to the water, it
truly breaks my heart. One other thing that I just thought of, because I was sitting here listening
earlier, you asked questions and were very concerned about the water supply for one piece of
property being divided into two, I would like to know about the water for all these homes and the
swimming pools and the irrigation of their lawns, because the last time I came to a hearing, it
was about State wanting to take over our aquifer and we said no, the County was very, very
capable of handling that themselves; but if there is water coming from the Keauhou aquifer for
all of these properties and you accept that and think that’s okay, maybe we can’t control it
ourselves, I mean, it doesn’t make any sense to me. I have not heard one word about where this
water will come from. Thank you.
UNGER: Thank you. Sharon Willeford, Joy Mills-Ferren, Adeline Macomber Lewi, Clare
Loprinzi, Tim Smith, and Violet Leihulu Mamac. Please raise your right hand. Do you swear or
affirm to tell the truth before the Planning Commission?
TESTIFIERS: I do. Yes.
UNGER: You may begin. Please state your name, where you reside.
WILLEFORD: My name is Sharon Willeford. I’ve resided in Keauhou for most of the last 30
years. I was a teacher for the DOE for the last 30 years until I unfortunately was poisoned by a
golf course in Keauhou, and that’s why I’m also working very hard on regulating and banning
Roundup for our community. It is the most devastating thing you can imagine; I was on my back
for four years and I’m still in tremendous pain. So when I was able to finally get up and walk
four years later, it was like I just wake up and I said what happened to our community, what
happened, how did all of these developments get passed through your hands? I have to say
shame on you for not taking care of the people first. There are so many homeless Hawaiians on
this island who are suffering in Puna and all around. There is no place for them. They don’t
have medical help. That’s where the priority should be. Right now the money being spent on
this tearing up our roads and all of that going into the ocean, we need to test our waters in the
bay, Keauhou Bay and this area, because I watch the runoff from the golf course, which was
thick white streams go right down into the bay, and no one as far as I know has tested that. So
hopefully, we can get that done. I’m concerned about the sewage and everything else that
everyone has said. I am in contact with people on the other islands on a daily basis, and all I
hear is how horrible the traffic is everywhere. We also have a terrible problem. All the new
roads go north; the people that live down south have to wait for hours to get to their schools or to
get to their work. The roads are in disrepair. There’s potholes everywhere. I drove up Kaloko
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Drive the other day. You can barely manage the road. Who is taking care of these other things?
Where is the money being spent? I know that’s a little bit off target for this development, but I
would really love to see that as a park. And I also am just curious about why we have a
developer on the Commission. It doesn’t make sense to me. No offence. I just, it doesn’t seem
right. Thank you very much for your consideration, and much aloha.
UNGER: Thank you.
MILLS-FERREN: Aloha mai kākou. ‘O Joy Keahipuakoikawekiu Mills-Ferren.
UNGER: Aloha.
MILLS-FERREN: I was born and raised in Honolulu. My family is from Hawi, Kapeliela
Kaanaana ‘ohana. I am 65 percent Hawaiian. And I really don’t understand how Kamehameha
Schools can use our Queen’s lands and do these type of things. I agree with a lot of these ladies.
We need to look at our kupuna, we need to look at our keiki, and how we could better use these
lands. And I also speak for kupuna iwi, Kuamanu Heiau. I regularly ask the tourists, please get
off my kupuna iwi; they stand over there to watch the surfing. It’s a sacred place; they say that’s
where surfing began where Kamehameha, you know, where a lot of our kūpuna surfed. I also
speak for our nā ‘aumakua, our ‘ōpe‘ape‘a, our honu, our manō. When the, I can feel the waters,
I swim all along the coastline there, you can feel the waters. The tourists ask me on a regular
basis, what is that, I feel cold, I feel heat; I go that’s the streams that come from the mauna,
probably most likely from Pele, she is not too far away. So let’s remember that, that we are on
an active, uh, area. And just not too long ago a tsunami cleared out the whole park. We are still
recovering. Let’s really look at our infrastructure before we add more people there. And, yes,
I’m partaking, that’s how I, my life is, I am a lifeguard there, kia‘i ola. And the park is in a lot of
disarray; the structures there falling into itself. And again, the amount of water that was come
down from the last year’s rains really tore up the coral. But our fish, they are strong, they come
back, they want to be there. So let’s take care of them. And let’s be ho‘o mana‘o; let’s really
use this time wisely and really use it for the future, for our keiki. Today is my nephew, my
grandnephew’s birthday. And he comes here to surf. He really enjoys that area. So, you know,
I speak for them. Seven years, seven years, that’s how we’ve got to look, that’s how our kūpuna
looked. With this development, be wise for us in seven years. Seven years more of Ironmen.
Bikes and runners going back and forth. Do they not take that into consideration jumping right
onto the bend there? You know, let’s really look for that.
UNGER: Mahalo.
MILLS-FERREN: Mahalo.
UNGER: Mahalo. Thank you.
LOPRINZI: It’s on?
UNGER: You are on.
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LOPRINZI: Aloha kākou. ‘O Clare Loprinzi Koenoa. I live Honokōhau Mauka. I’m a cultural
practitioner. I help the next generations and the next generations in the last 40 years of babies
come in; I help a lot of Hawaiian babies. I hear them. I’m connected to them. I’m connected to
what’s out in the water. I speak for that. What’s on the earth. I can tell you that we will not
allow this to happen. We cannot. You ask us to put our hands up like this. Where is your
hands? How come you did not recluse \[sic\] yourself? Your decision. How do you, the rest of
you, what do you swear by? That’s what I ask you, because what we have to do is kuleana and
accountability. I cannot be a cultural practitioner, if I do not have kuleana and accountability.
And if you go back down to the area, you will know you’ve got Lono and you’ve got Kū, and
you’ve got them right there. I live my life to that. My bloodline does not come from here, but
comes from another island on the other side of the world where we too are military, have military
occupation, where we too are fighting for our seas; I come from Sicilia, we are the Sicels that
came from Northern Africa. We will not give up. We cannot. It’s kuleana and accountability. I
would have to let go of the work I do, and I cannot. Please put that down and please quit putting
that up, because I have respect for you, and that does not show respect for me or anybody else
that’s here, to keep waiving the sign \[for remaining testimony time\]. And that’s what we need is
respect. We are now in Kū, who is not just war; it’s sustainability. So that we can move right
here, \[inaudible\] make a decision. But whatever decision you make, do know that we will put
our thousands of bodies down there. It is our kuleana. So don’t have us do that. Quit having us
go to contested court cases, all of these things, because if that’s what we have to do, we will have
to do them. But we will rather pay for people to have food. The healthcare on this island, the
amount of women, I work with also senators over there; they say, Clare, work harder on giving
prenatal care, safe birth for women. High drug rates, high alcohol rates. You cannot keep taking
away their land, their seas. What you do to the, those iwi have a direct effect on those babies
coming into this world. That’s why we won’t stop. We will not and we cannot. And you should
all recluse yourself, if you cannot do your job, have the respect for the ‘āina, for the koholā.
They come here, they’ve been here way longer than us human beings. So it’s not, again, it’s not
even an issue whether this is going to happen. So if you cannot recluse yourself, if you cannot
vote to stop this, then get out of those jobs. That’s —
UNGER: Thank you.
LOPRINZI: — what we’re going to ask you. No, I’m not quite through yet. I’m almost
through. Because our, I would not go seven years; I go seven generations. Because that’s what
we need to do for our children. And to survive as a planner, if you swim in the water, which I
know this sister does, if you cannot hear those koholā and those manō, and if you cannot hear
what they are saying to us, wake up. If you have not gone down to this area and sat there, and
connected to Lono and the Kū, then why are you up there?
UNGER: Thank you. Thank you for your —
LOPRINZI: Have you?
UNGER: — mana‘o.
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LOPRINZI: No, but I want to ask you that, because you asked me to put my hand up and to
swear something. What do you swear by?
UNGER: This is an opportunity for you to testify, and we will —
LOPRINZI: I know, but —
UNGER: — we will have our opportunity to comment as well. So I do need —
LOPRINZI: Do you do that? Do you —
UNGER: — I do need to ask you to finalize your —
LOPRINZI: Will you, okay, yes, so I’m —
UNGER: — hō‘ike.
LOPRINZI: — asking you to put your hand up to all of us and tell us what you, what you swear
by.
UNGER: Thank you.
LOPRINZI: Okay?
SMITH: That was good, a hard act to follow. My name is Timothy Smith. I live next to the
adjacent empty property that’s the Pollak Trust. I’m relatively a new resident to the island. But
in just the time I’ve been here, I’ve seen a dramatic increase in traffic. This tourism takes up, I
don’t know when the traffic study was done, it seems to be a bit antiquated. If you are going to,
Ali‘i Highway, it’s been stymied due to bones, grave sites, archaeological finds, that’s fine, so
now I guess we’ll just bulldoze 42 acres and there will be whatever happens to those
archaeological sites, it’ll be destroyed, let alone the runoff. Ali‘i Drive is, can’t turn that into a
highway. It’s already bad enough with the amount of tourism and everything. It’s a lovely bay,
and it, I can just see it getting destroyed. As the others have said, I’ve seen that with the water
and the tsunami the park is in such disrepair, and that doesn’t seem to be important to anybody. I
mean the fishpond is destroyed. It was beautiful. It’s now it’s just cracked concrete; it’s
disgrace. The parking, there is so much, there is so little parking everyone’s parking where they
shouldn’t be. I have, you can’t even get out of your driveways anymore with all the, especially
when there is surf. It should be, it’s, there’s so many people. So I’m really, that’s just a huge
number of, such a huge number of impact, number of cars and people using the beach there.
And they are not going to walk by the way. That’s ludicrous to even think so. They’ll be getting
in their car to go everywhere with all their beach chairs and their surfboards. People talk about
walking, that’s a bit of a distance and I doubt that’s going to happen. So I really think that’s a
bad idea for such a large development in such a rich historical site, let alone, like I heard before,
the bats, the trees, the large trees, they harbor these creatures, the unmarked graves, everything
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that’s up there; it’s pretty amazing to hear what is up there. And I just want to say my piece.
And we are talking about little trades. Of course, the Pollak Trust, Family Trust, was given
further use of their property on Ali‘i Drive for the entrance; in return they are given some extra
land, hook up to sewers, electrical, so that’s, they are getting a big bonus out of that one. So they
stand to make out on this thing. I’m right next door to their property, so it’s, you know,
everyone seems to be getting a little, a little bit of, you know, goodies to help put this thing
through. So I’m, that’s all I have to say, and I appreciate your time.
UNGER: Thank you.
MAMAC: Aloha mai kākou.
UNGER: Aloha.
MAMAC: Ku‘u inoa ‘o Violet Leihulu Medeiros Mamac. I have come and I’ve heard a lot
from people like myself, so a lot of issues has been addressed, but a lot has not been addressed
also. My kupuna wahine, Kanika, comes from Kahalu‘u. And there is much burials back there,
iwi kupuna. My papa, Clarence Medeiros, Sr., was active in all of this in his lifetime before he
passed. And here I am, we are doing the same thing. I ask all of you, please, where are you
come from? Have anyone run over your kupuna iwi? Have they destroyed your culture, your
sites of significance, your name sake, which is kupuna iwi? Has anyone done that for you? We
want to preserve, protect in perpetuation our culture and our culture of our ‘āina, because the
‘āina has a culture of its own, and that’s called natural resources. Water for instance, it has been
brought up today, but our aquifer is important. That’s why we Aloha ‘Āina has put a stop to
TMT on Mauna Kea where our waters come from. Aquifer is important. Keauhou, Kahalu‘u is
getting salty, and we all know it. So where is all this water going to come from for 1,000 more
people? And where is it going to go after the usage? Where is it going to drain? Did anybody
figure that out? Is that going to be in our fish and ‘opihi resources that we eat? That’s our
natural resources also in the ocean. That’s our main food chain that all this toxin, waste, be
drained to, because you cannot tell me there’s someplace else you are going to drain it to,
because it cannot go up. A very, ‘eha ka pu‘uwai. So my daddy’s family is Keohokālole’s,
Puhalahua’s. And my mama’s family is Kalalahua’s. And we are all both of them. Very
Hawaiian, very Hawaiian. So please take care of us. We are endangered. We the people,
Hawai‘i, and our natural resources, our ‘aumakua’s. Most importantly we must take care of our
natural resources. Ke eamāmā, hanu o kākou, the air that we breathe so gently. And the waters
we drink water his life. And there is us the people, ‘ohana. Mahalo.
UNGER: Mahalo. Thank you.
MACOMBER LEWI: Thank you for acknowledging me. I’m Adeline Kahaloona Macomber
Lewi. I was so thankful to have a nice grandmother.
UNGER: If you can speak a little bit more clearly into the mike. I’m having a hard time —
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MACOMBER LEWI: I was so thankful to have a beautiful grandmother. Her name was Harriet
Macomber, Ekau Macomber. The place we live in today is right in front of Kahalu‘u Beach,
facing the ocean. I feel so spoiled. And I’m so thankful I had beautiful parents, beautiful
‘ohana. God bless them and I miss all of them. Thank you for letting me say a little today. I
love all of you. And God bless you. Thank you.
UNGER: Thank you. Thank you, you may be seated. Ruth Aloua, Curtis Tyler, Cindy Freitas,
Leilani \[Leinani\] Navas-Loa, Sandy Lehua Kamaka, Burt Weiss. Thank you. Pleas raise your
right hand. Do you swear or affirm to tell the truth before the Planning Commission?
TESTIFIERS: I do.
UNGER: Thank you. We can start here. Please state your name and where you reside.
ALOUA: Aloha mai kākou. My name is Ruth Aloua and I’m a resident of Kailua-Kona. I’m
speaking to you as not only a native Hawaiian with ancestral connections to this district but also
a mahi‘ai, or organic farmer, a kia‘i loko, a guardian of Kaloko Honokōhau, a kia‘i mauna, a
guardian of the mountains and the waters. I have a bachelor’s degree in anthropology and my
master’s degree in archaeology. And I’m speaking in opposition to the SMA Permit being
granted, and I want to sum this up real quick because I support much of what has been said
already. But there’s three words that come to mind when I read the FEA, and basically every
single section from the finding of no significant impact, which I find highly questionable. So
one of the words that comes to mind is “degrade,” and what this means is to decline to a lower
condition quality or level. So according to the FEA, this development alone is going to pump at
least 6.8 percent of groundwater out from our aquifer, increasing the salinity of the bay to
6 percent, and they found the finding of no significant impact. And their assessment, which
might make sense, if you look at this single development, doesn’t actually account for the
cumulative withdraw waves that actually exist on the mountain. So what are we actually taking
out of the bay? So as a kia‘i loko, I can tell you that when you are taking away freshwater from
flowing into these ecosystem, what you are doing is you are not only increasing salinity but you
are increasing the temperature, you are changing the, you are changing the dissolved oxygen
that’s available for our fish, which give us life, which feed us. So these changes are significant.
They have a real impact, and they are going to impact us. The Keauhou aquifer is a big
discussion, and it’s not the time for it, but our waters are getting saltier. So when our waters get
saltier, what’s going to happen to our land base, to our farmers, what’s going to happen to our
oceans or fishers? Pre-contact Hawai‘i, our islands were able to support at least 150,000 to a
million individuals; today Hawai‘i’s population is 1.4 million people and it’s growing. Before
contact we were able to produce 100 percent of our food, and today we only produce 15 percent;
that’s an 85-percent difference. We are relying on outside resources. If we don’t protect our
watersheds, we have no life, we have no future. These meetings are virtually meaningless. As
archaeologist, I can tell you that “desecrate” popped to my mind when I read over the cultural,
the cultural components of this project. So “desecrate” is to damage a holy place or object. One
of my biggest issues with archaeology is that archaeologists are given the right to assess the
significance of a culture when the practice itself is colonial. But, you know, it has good
components, like create national parks, it can be used in a good way when it’s done accurately
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and respectively. But when you have sloppy scientists who are going out there and doing what
they please, willy-nilly, and not doing proper consultations and planning and showing respect to
the host culture, we have problems. And that’s why we are here; there’s problems. So I as a
Hawaiian I can tell you that 38 archaeological sites would be destroyed. That’s significant to
me. One is, if one is destroyed, that’s significant, because we keep losing. And not to mention
SHPD has issued a letter saying, asking you folks please do not allow this permit to go through
because they haven’t fulfilled their recommendations. So please honor their request. I support
their request. Don’t allow this to go through. The final word that popped in my head is
“displacement,” and that’s the removal of indigenous peoples from their ancestral homelands.
So this project would build 306 timeshare units; I don’t know who in this room can afford that. I
know I no can. So what we are looking at is, okay, 306 timeshare units, who is actually going to
be living there? How many of our population can live there? How many of them who buy into
these areas will actually be native Hawaiian? Pre-contact Hawai‘i, our people were living here,
we were thriving, we were vibrant. A hundred percent of us could live here, if we wanted to.
Today native Hawaiians make up 26 percent of Hawai‘i’s population. We are becoming a
minority in our own homelands. So why does this all matter and how does this all come
together? This is a form of colonial violence against native Hawaiians by removing us from our
ancestral homelands. And Kamehameha Investment Corp-, it makes me feel shame that none of
their representatives are in the room today, I have great honor for some of the work that they are
doing, but this work will bring this honor to the good legacy that they are to maintain.
UNGER: Thank you.
NAVAS-LOA: Aloha mai kākou.
UNGER: Aloha.
NAVAS-LOA: My name is Leinani Navas-Loa. I come from the ahupua‘a of Hōnaunau. I’m a
kia‘i o Hōnaunau, and also, of course, going to be for Kahalu‘u. My husband is, actually his
‘ohana is from Kahalu‘u. He had the opportunity to be able to live down there with his tūtū until
he was about eight or nine years old. And this is important for not only me but for my husband
and my children because they are lineal descendants of this place. And we strongly oppose this
development that is being proposed to you folks. Coming from my perspective, you know, this
has been going on for so many years, so much development coming in, destroying our culture,
destroying who we are. But these are the things that we need to keep close, we need to keep
fighting like how we have been, but at the same time, hopefully, you folks will make the change,
you folks will help us make the change, not only for us but for all your grandchildren, all your
greatgrandchildren. It’s not only our families, it affects everybody. And coming, I’m also a
Hawaiian studies teacher, and my job is to make sure we mālama and take care of our keiki.
And they are on the top of our list. We need to keep these cultural and historical places for them
and for our future. Mahalo.
UNGER: Mahalo.
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TYLER: Aloha kākou pākahi a pau. My name is Curtis Tyler. I am a lineal descendant from
the chiefs that inhabited the areas between Kailua, Lanihau and Hōnaunau. And with respect to
Kahalu‘u, along with some other of my ‘ohana who have spoken today, we are recognized
descendants by the Hawai‘i Island Burial Council and the State Historic Preservation Division. I
come here today, I listed my affiliation as ‘Ohana Kipapa, which is, of which I am ka hiapo, or
my ancestors are of that line. But we are also, the Kipapa line is also directly related to the
Kahulamu line who – I think you already possibly have seen in your, oh, you haven’t seen the
documents, that’s right – have a family graveyard in the area where the kuleana were shown. As
a result of being very involved, our family being very involved in the Ali‘i Highway, K to K, Ke
ala o Keauhou controversy for, I don’t know, well, it’s been 20-something years, in opposition to
the four-lane design, present design of that highway, we have, and the reason we had, were and
are opposed to it is because of the impact on iwi kupuna as well as other traditional customary
cultural properties. I wanted to say that Mrs. McMichael made a statement today that the
Kahulamu and Curtis Tyler receive some special consideration from the developer; I don’t know
whether that’s, I don’t believe that’s true, but I can tell you that when this first came, the notice
of this project came to the newspaper, I immediately called Kahulamu family as well as notified
some of Kipapa that live over here, and we became involved as quickly as possible because of
the burials that are in there. And we, especially our family burials because the tubes run mauka-
makai. And as a result of our discussions, that area that’s in green over there, the buildings were
– there is also a trail there, there is the Kahalu‘u Trail, mauka-makai trail – and as a result of
those discussions, quite a number of units were removed from that whole area where the burials
are located. They were confirmed to be there. I can’t speak for, I can’t speak for the other
burials and the historic sites of which I have seen a copy of the archeological inventory survey. I
heard two people today speak that there was going to be destruction of iwi and the historic sites,
that the whole parcel was, 26 was going to be bulldozed; according to what I’ve seen in the
Cultural Impact Assessment as well as the other application, the FEA, there is going to be no
destruction of iwi or historic sites, that Kamehameha Schools has mandated this developer,
should they have any rights to develop this property, to preserve any and all iwi kupuna and also
all historic sites. And they have all been identified, and I think they are on, at some point you’ll
see them in here. So I just wanted to say that. I understand that there may be a contested case in
which case I’ll reserve any further comment until that time, because I understand there are many
other speakers. Thank you, Mr. Chairman, Members of the Commission and Director.
UNGER: Thank you.
WEISS: Aloha. My name is Burt Weiss. I reside on 78-6666 Ali‘i Drive, right across the street
from the proposed development. And I would strongly urge you not to go that way. There is a
reason. I’ll give you just a couple of numbers I thought of. A car is about 22 feet on an average
long. If this 306 units, let’s just say two cars per unit, we are talking about 600 cars, ten foot
buffer in between the cars, 60,000 feet is where we end up. That a little over three miles that is
pretty much from Royal Poinciana to King Kam III. In case of an emergency, let’s say we have
a fire on the top, how do these people get out of there, if we don’t have the bypass road. Same
thing on Ali‘i Drive, the construction, the impact on it will be humongous. I don’t think you
should allow that unless we have the corridor up there. And I’ll totally agree with the cultural
and the environmental impacts that have been mentioned already. Thank you very much.
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KAMAKA: Aloha. Aloha mai kākou.
UNGER: Aloha.
KAMAKA: I am Sandy Lehua Kamaka. I am from Kailua-Kona, I am from Kona. I stand in
backing everyone that has testified so far in the opposing of this plan. In fact, maybe it should
just be turned off already and kala mai to the applicants. But there has much status been said
already. For me it’s people of place, we are people of place. As I look at all your names, that is
huge, because I grew up knowing these names. I grew up hearing the histories of these names
that you carry today. So if there is a place where you come from and you are, you have to save it
for every reason. Kaholo, I am a kia‘i of Kīholo, and you are the descendant of Kīholo, so as
much as I would protect Kīholo whether I be standing on the top of Mauka Kea making sure the
aquifers that come through Ka‘ohe to Hualālai to Kīholo be protected by any development.
Likewise, Nobriga, Keauhou families, oh, you, you know what the impact can be here, and I
thank you for being here, and I thank you that you are upon the chairs that you are sitting upon. I
just want to just always remind everybody that know who you are, know where you come from,
know your stories. For Kahalu‘u for me, if this development is this much of a want or a need by
the applicants, what about Pa o ka menehune Wall? What about the history of the wall? What
about what Chief Ku‘emanu and what had gone on in the era? We ask to restore the wall; we
don’t get it, you know, it just keeps getting down and down and now it’s basically almost
nothing at Pa o ka menehune. There is so much history inside of the bay also. The stones that
they represent in the bay, they are just not coral or stones; they are names, Kahekili, there is
many more names that are named in the bay of the names of great chiefs. I come as a surfer also,
and observant to the ocean, so I can know that by the wintertime destruction right across the
street of this development, these houses that are always having to, what you call it, redo it,
they’ve got to keep going back. That’s a sign already; the ocean is moving in. You look at the
tide level, you can see it with your own eyes already. You see what’s happening on the
shorelines. Yet we continue to allow development. I think it’s time for us to start healing the
lands, listening to what needs to be done. The ‘āina speaks to us. The kai speaks to us. The
mauka speaks to us. We are the children of these lands. And I know I’ve been raised by any of
your families, and I know that for my own fact of being a child of Kona. So being known that
everyone in this room is here because there is a deep purpose, because we know our place, we
are the people of this place. And with great respects to our kūpuna who are seated here, these are
my aunties, these are my families. I, I honor them for just being here. So please open your ears,
not the ears of your ears but the ears of your heart, and listen to us. And mahalo for your time
and for being here. And mahalo nui loa. I do this for also for the next generation, and I, I hope
we can continue doing this. And let me say one more thing. You guys heard the generation of
this time. They are fierce. They don’t want to let nothing slip by. Look at what Ruth just
testified. These are our generation. So allow them, listen to them, for they are now bringing up
the truth. Like Brother Ed said this morning when I heard when I came down here, you can pay
the man, you can take the land, but you can’t take the truth away. Mahalo. That’s for Brother
Ed.
C. FREITAS: Aloha kākou.
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UNGER: Aloha.
C. FREITAS: I’m Cindy Freitas from Kona. I have a question about the SMA that was created
in 1975 by the Federal and the State. My questions is the provision that had set forth all the acts,
all the administration rules, all that, I feel that it’s not being brought up here. They’ve been
running over all this provision, all the acts, all the rules that protect our identity, our culture, our
historical sites, our water, everything and above. Therefore, you folks are supposed to be
reinforcing all these things. Or why even write it down? I’m ashamed that all this provision and
acts and rules and everything is not being enforced. As well as the creation of what you guys
have done in the past, fix it, fix what you guys had done before you can move anymore else,
because you are actually causing damage, and not fixing the damage that’s in the past, and
moving to the present, as we speak. I don’t want to see our unborn unfortunate, either. I speak
for the future generation as well as the present. Past, present, future is what I speak for. And
enforce the rules. You guys have the upper hand to enforce it. Use it. It’s there. It’s channeled
down by the Federal, I see that. It’s channeled down by you guys the State, I see that. But is it
enforced? I don’t see that. And that needs to be addressed before anybody comes here. Protect
our identity of culture, everything. This is our lifeline. We are not benefitting off of all this.
You guys are. The State and the Federal, not the people. Thank you.
UNGER: Mahalo. Justin Ebert, Lamakū Mikahala Roy, Marleina Sirkin, Billy Freitas, Joy
Mills-Ferren. Also, Nicole Lui. And Alapa‘i Kanuha \[Kaulia\]. Please raise your right hand. Do
you swear or affirm to tell the truth before the Planning Commission?
TESTIFIERS: I do.
UNGER: You can start.
KAULIA: Okay. Aloha mai kākou. ‘O wau Alapa‘i Hulihe‘e Kaulia. Aia au i ‘ane‘i no ke kū ē
‘ana o kēia SMA for Kahalu‘u.
UNGER: Aloha.
KAULIA: My name is Alapa‘i Kaulia. I live in the ahupua‘a of Waiaha. I was born and raised
in Kahalu‘u. I spent my first twelve years being raised in the area. Figuring out what was there
at age of ten we found bones in a cave on the top part. Unfortunately, I was living in an
apartment at that time, so we got, moved into a Hawaiian Homes away from our local area. We
also recently just found out that we have some family names on there, Kahananui, on the Land
Court Award. I know how significant this body is. Unfortunately, I am an employee of
Kamehameha Schools, but I’m not here on their behalf today. So let’s hope I still have a job
after this. Anyways, I disagree with what’s going on with this area. I know how significant the
sites are on the area. I know of at least ten to twelve different heiau that are on the area. We do,
which is really weird because at Kamehameha Schools we do cultural learning enrichment
assessment programs, touching basis on our culture; so to see this happening on the other side of
Kamehameha Schools makes me really sad. It also makes me sad to know that I’m an employee
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for them but we don’t teach this part of it; we always teach going back to culture, touching roots,
and making sure our kids know the importance of ‘āina, making sure that everything has a place.
So seeing something like this come along, being that I was raised in that area, seeing the toxicity
of the water changing from how much tourists come and visit that area, seeing all the slick white
suntan lotion on the top of the ocean and tasting it from when I was little growing up, and seeing
how much more is in there, how much tourists come there, and seeing that a majority of the
people on the beach is mostly tourists and not seeing any more of my local blood, not seeing any
more of my family down there, except for, of course, my family who lives across the street over
there. Yeah, I think that it’s time to return back to culture, because we are going to be building
all of this stuff, and when it comes back time to sustain our resources, our resources will no
longer be there. Our kūpuna will be disrespected by being run over. I know for a fact, because I
found bones up there in a cave, that there are lots of iwi kupuna in that area, and that is very
important that we protect it. We cannot wait for the, for those are to run over and then say, wait,
we found bones; that’s really too late. So to show respect to my kūpuna, I’m here today, and for
future generations, because I don’t want the same thing to happen where, where were you people
when it was in a contested case hearing? I am here right now. So when you see me over there
protesting on the ‘āina and stopping those machines with my physical body, I was here at the
meeting as well. Mahalo.
LUI: Aloha mai kākou. Aloha Chair Unger.
UNGER: Aloha.
LUI: My name is Nicole Kealohaokalani Lui and I am from Kona. I’m a descendant of Kona
through the Kaelemakule, the Kaihemakawalu, the Pelekane, the Ma‘a ma ‘ohana, and connected
to Kahalu‘u through the Ma‘a who was kahuna of the place at one time through some oral
history, and the builder of Hāpaiali‘i. And Aunty Iwalani Arakaki is here. Thank you, Aunty
Iwalani, Aunty Adeline Lewi, and the rest of the kūpuna, Ku Ching. Thank you folks for
coming. This project I think should be denied. And I couldn’t help but when I went through
parts of it, the Cultural Assessment, the CIA, the Cultural Impact Assessment, some of the
information was done wrong, especially when it comes to the genealogy of the Royal families,
stating that Ka‘ahumanu was born at Kahalu‘u. No, she was not born at Kahalu‘u; she was born
in Mapuwena called Paliuli at Ka‘uiki Hāna in 1868, so, ah, 1768, so, ‘a‘ole, she was born there.
Kuakini, his true name was Kaluaikonahale, Kaluaikonahale, that was his true name, and then he
was given the name Kuakini afterwards, after his brother had passed away. And their papa was
Ke‘eaumoku, one of the high chiefs who helped Kamehameha to solidify the rule of Hawai‘i,
and his mama was Nāmāhāna‘i‘Kaleleokalani. So when I see this kind of stuff printed like this,
wrong, and seeing that Kamehameha III was born at Kahalu‘u; ‘a‘ole, he was born in Keauhou.
So why is this, why is this kind of stuff not proofread? Who’s looking at this and then finalizing
it and then putting it in the Final EA? ‘A‘ole, if this is done wrong, then who’s to say what the
other documents were done wrong? You know, so, this kind of stuff should be really – thank
you – this kind of stuff should be really looked at and proofread before it comes out in a final,
because once you change our history, ‘a‘ole, no, that’s not right; that means it’s going to be, the
people who are doing this, your scientists or consult-, I’m kind of surprised that Scientific
Consultant Services did that, and I know them, and so I was kind of like perturbed and bothered
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by this because, you know, yeah, they are changing the history. ‘A‘ole, that’s not pono. So I
feel that this whole project should be denied by the, by you folks. And, also, I wanted to say that
Aunty Adeline Lewi, they live on the land, she testified early, she lives on land that was passed
on through generation and they still live on the land, and still get the original house foundation of
her kūpuna on the land. And I would hate for them to have their taxes go up, and then they’ve
got to go through kuleana to stop. They shouldn’t have to go through kuleana; they should be
able to just stay on the land and not even have to like prove that they come from these people and
do their genealogy and have all this happen. The Hawaiian should be able to stay on their land,
and kūpuna should not have to pay exorbitant taxes when improvement around their area, around
their lands happen. And so I speak for them, too, as well, and all the other kūpuna and my
ancestors.
And by the way, my ancestors, I have one, two, my great-grandparents, Samson Pelekane and his
wife Malia, Malia Kaihimakawalu, were married at the church, and the kahuna, Naluahine, and
the great historian, Naluahine Kaopua, was the witness to their marriage. And, so, I, yeah, I just
have so much emotion, sorry. Okay, I pau.
UNGER: Thank you.
B. FREITAS: Aloha. My name is Billy Freitas. I have average known indigenous connections
to this ‘āina, to my kūpuna. My mother was Kaaoaolahilahi Keohokālole. Her great-aunty was
Ane Keohokālole. Aunty Barbara, my mother is Jojo Norton. You may know who she is. Uncle
Sonny, thank you for all your service that you did in the past. I really respect you folks. Uncle, I
know you, Kanuha, I know Uncle Red, Aunty Betty, took my mother in when we got here when
I was a little baby. Unger, I don’t know if your father was the fisherman, but he took me out
fishing, if that’s your family. And, Uncle, much aloha, I give you and Mr. Church great aloha. I
stay in kapu aloha. And I just want to express to you that it’s a tough job that all of you take on.
The outcome of it all is what becomes you. We know where we are. We know the truth today.
A lot of the history of what I know today is not what was taught to me as I grew up. So now I
know the truth. Number One, our queen left the knowledge of this kingdom and our opportunity
today knowing that the jurisdiction of the United States occupying Hawai‘i, Number One, is
illegal, and has been proven already. I just want you to know that any sales of land from, from
that, from what is happening right now in The Hague will be trickle down to your positions.
That’s just something to think about. And I know this today. It wasn’t taught to me growing up,
but it is coming forth. And now that it is coming forth, I realize there is more and more notices
of land being sold, and that’s evidence that they know something is up; let’s get the money we
can before it all hits the fan. Okay? So that’s just some other things that, I’m supposed to stay in
kapa aloha, but I’m losing my train of thought. Anyway, Number One, I do not want this project
to go through. There is too much kūpuna. My, the kupuna iwi is tied directly to my iwi, all of
our iwi. And some of you that are on the stand today connected to you, too. So, please make the
right choices for the future of our people. It’s very important, very, very important. Our church
was when we stepped outside every day; I never was taught a religion. Now today I know our
religion. When I wake up in the morning, I see the light coming, I prepare myself. When I get
the food, I prepare myself. Our church was a subsistence of life and honored by what was given
to us by Wākea upon Papahānaumoku; that was our religion. Now I know the truth. Our people
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was beautiful people, and is still beautiful. And I say this with all respect: Please consider,
reconsider, and protect our natural resources for the future of our keiki kanaka. Mahalo.
UNGER: Mahalo.
SIRKIN: Aloha. My name is Marleina Sirkin. I’m in here for my granddaughter. I spoke to her
this morning. Excuse me. Kala mai. She called this morning and she said, oh, Grandma, I am
going to be representing the Island of Moloka‘i for my school. I said, that’s wonderful, honey.
She said, but I’m also calling you to ask you to go and testify for me, and tell them how I feel
about this land development. She says, I attend school, tell them I attend Jefferson Elementary
School right outside of Waikīkī, yesterday they announced who was going to be representing
what island. And she said, Grandma, I stood there and they called my name, Mary Jane Aloha
Tulfa, Moloka‘i. She said, Grandma, to the west of me I see Waikīkī, to the east of me I see
nothing, this is Waikīkī. And she says, Waikīkī, this is the sprouting waters, Grandma, to the
east of me is a fountain that is our sprouting water. She said, Tūtū, I surf every day, you taught
me to surf, I surf Waikīkī every day, my waters are polluted, Tūtū, no ‘opihi for me, no can
holoholo for my mother, you have to help stop that, don’t allow the keiki’s in Kona to swim in
dirty waters, if I have a cut, my mother won’t let me go out, she says, because the water is
contaminated, the reef is contaminated. That makes me so sad, because I had nothing for her.
On my side it was silence. And she said, Grandma, what are you going to do for me, what are
you going to do, help me help them, help me when I get to Kona that I can surf in clean waters,
and when I come in, I can pick ‘opihi and I can holoholo those waters, Grandma, help me. I’m
new to this; I have no idea what’s going on. I hear the voices, I hear people talking about
overdevelopment. I grew up here and in Waikīkī; I’ve seen a development. But today I feel so
ashamed as an Irish woman. I am Hawaiian-Irish. My grandfather came over from Ireland to
work these lighthouses, Alexander Dennis to me. He worked all the lighthouses from Kaua‘i to
Kona. I am a Hawaiian from Moloka‘i, Kapela Pa‘ia‘ua. But yet, I am Marleina Sirkin. Please
hear my granddaughter’s call. And please listen and don’t allow those waters to be polluted.
And like he said, you do have a hard job. Make a good decision. Thank you.
UNGER: Mahalo.
ROY: Aloha mai kākou. My name is Lamakū Mikahala Roy. It’s my honor to stand among the
people that I see here today, the kūpuna, the po‘e aloha o Kona, ka ‘āina hānau o nā ali‘i, ma ka
‘āina a‘e, kēia ‘āina a hiki i ka mole o Lehua.
Members of the Leeward Planning Commission. Before you, you have an application, and I
would ask you to deny this. In your work I would ask you to be conscious of testimonies that
have been presented and mine, because you do, you are here for a purpose. I hope your decision
will be one that takes up this consciousness because an earlier decision made by a Leeward
Planning Commission voted in favor of a restoration of a hotel, the King Kamehameha’s Kona
Beach Hotel, that allowed heavy equipment on lands that have burials, that have a most sacred
site of Hawai‘i, Hawai‘i nei. Ke kapikala mua o Hawai‘i nei, the first capital of the Kingdom of
Hawai‘i, organized and joined together, unified by Kamehameha the Great. If your Commission
and a so-called State of Hawai‘i can allow this there, then you really have a tall order here. And
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all others that profess to take up work for a state, that is really fictitious; there is no such thing.
And with the light of day that dawns, as Billy says, every day we grow more conscious, every
day. You know there is a saying, when a door closes, another opens. In 2007 when a new hotel
owner came forward to say we own the lands at Kamakahonu, all the people that supported the
first restoration of the capitol Ahu‘ena Heiau move forward, 500-plus from the islands of all of
the Hawaiian Islands, to come forward and say, no, you don’t. And that’s not aloha. All the
aloha that’s been shown to you all, you are not showing that back. And they’ve made a note of
that and for many years since then. But they took the case on in legal jurisdiction of America
that occupies Hawai‘i. Ahu‘ena Heiau is burning altar. At Kamakahonu this is our capitol, and
it refers to the great light that is there. Kūkū Naluahine Kaopua of whom Nicole Lui so
glowingly spoke, is due every bit of these honors because the people here who are ‘ohana of
Kahalu‘u, Kahalu‘u is a land of supreme importance to ‘ōiwi, as are all our lands. Kūkū
Naluahine Kaopua, 100 percent Hawaiian lived to be over 107. I sat on his lap when I was one
year old. Now I’m very, very in awe of the life that I am living and learning about. My father,
David Kahelemauna Roy, Jr., led the first company of ‘ōiwi to restore sacred site for Hawai‘i.
This is Ahu‘ena Heiau, Kamakahonu, the eye of the turtle; it is the only location of
Lananuumamao, which is an oracle in the Hawaiian Islands and in the Pacific. At the, as a
spider, a nananana has her web, so Akua has his web of protection upon our islands. The truth is
here. The truth is here every morning with the sunrise that says these lands, when people went to
Mauna Kea to confirm the importance of the mountain, they were answering Akua’s call. You
know, we all have names and different hats we wear in our lives, but, boy, when Akua calls our
name, we answer. And that’s what happened; people of all walks of life, all bloodlines, went up
to the mountain to protect. What were they protecting? This invisible call to say this is the
pinnacle of Kaluaokalani. Kaluaokalani means, one interpretation, the second heaven. It’s this
coastline that is the heart of this representation. It lives in oral traditions and that’s what you are
hearing today, more of that. But again, why the mountain? The mountain is a world mountain
because I have, I go back to say now, when a door closes, another opens; when this came about
in controversy at Kamakahonu and door seemed to close, what opened for me was a line of
communication to the very ancestors that we speak of with great respect and love. In 2010 I
began receiving information and clear communications ever since then from them. And it’s this
that I’ve been putting forward to all of the people at their request. One of them, and all of them,
are very ali‘i. So I speak of this with great reverence. And this is why my name is, my station is
not only Kahu, as I’ve inherited this from my father for the care of this temple for all of Hawai‘i,
I am Lamakū. The ancestors tell me this is the name of persons that did what I am going to do in
my life; they ask me to hear and they ask me to teach the people. They want, they want us to do
that on the lands, and it just happens to be that is on the lands of Kahalu‘u. And there are no
mistakes. This is my father’s \[displaying a traditional Hawaiian tool\], for the creation of the ki‘i.
You know, I’m like that; when I feel like I’m going somewhere and I just have to grab
something, I grab this today. And you know why, I know what it is, because I’m looking these
faces in here, and I look at your children, you know, they need hands to hold this, this is still very
operational. The same one, plus we’ve got to make more, we have to do more. I say that you
must say no to this, because my father in addition to, and the men, of which they are all to be
known as ali‘i, they all move forward to save on the basis of their bloodlines, this great
inheritance of ours. This Ku‘emanu was among those that were stabilized by these great men,
Hikiau at Kealakekua Bay, and Kauaka‘iakeola by Kūkū Naluahine. These are important
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vestiges that are for our purposes for to educate ourselves and to the people that come, the people
of the future, the children. So please say no. You must say no to this on the basis of such
testimony today. Ka mahalo nui. Aloha.
UNGER: Aloha. Thank you. Is there anybody else from the public who would like to testify at
this time? Aloha. Please raise your right hand. Do you swear or affirm to tell the truth in front
of the Planning Department \[Commission\]?
TESTIFIERS: I do.
UNGER: Thank you. Please state your name and where you reside, and you can continue —
EOFF: This is on? Yeah. My name is Karen Eoff. I reside in Kailua-Kona. I just wanted to
address the standing issue. It’s sort of reminiscent of a case I was involved in where Planning
Commission denied the request for standing, which ended up in the courts. And I would just like
to say that what the court said was that standing should be interpreted liberally. And I believe
that Simmy McMichael stated her residency as being adjoining property owner, and I think that
would automatically assure her standing as someone who has an interest in the application that is
separate and distinct from the general public. So I just wanted to put that on record that I think
that her request for standing should be granted.
UNGER: Thank you.
CHING: Good day, Commissioners and Chairman. I’m Kūkauakahi. My other name is
Clarence Ku Ching. I live in Waimea. My interest in what you are doing today is more
profound than where I live. And, in fact, I would state at this point that I do not support this
project and I would urge you to vote no on it. One of the reasons I’m interested in this area is
that I am a descendant of Lonoikamakahiki. And if you’ve done your homework, you should
have found out that Lono was a very primary figure in the history of this area. And some of the
things that I’m noticing that you should notice just by some of the things that have been
presented, goes like this; in the one corner – this map doesn’t, this plan doesn’t say it – but the
areas that are zoned as 7.5, and so, but this area is for multi-units. One of the questions, one
important question is, how many single-family dwellings could be built with the use of the water
that is scheduled to be used in this parcel and in this project? With the kinds of problems we
have here, not only in the whole state of Hawai‘i but increasingly so on this island, we have
people who are going homeless. We need, we have people, you know, these are people who are
here, who had these problems. And yet, we are taking our resources and spending it to attract
other people who come here with money to keep certain people’s pocket was growing. And so
true it looks like the area is very, it’s almost too dense. All these rooftops and roadways are
going to collect water that won’t be sinking into the ground, and so I can see a big drainage
problem. And Ali‘i Drive, I mean, to have a major ingress and egress there with the pictures that
we were shown earlier, it looks like, you know, if it’s not a problem now, it’s going to be
multiplied in the future, if this project is approved and if it goes. But more important than that, I
have no idea why this property was zoned the way it was, because from the reports, the number
of historic sites, the number of iwi kupuna, this property should have been more zoned to be a
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historical park of some sort, not something for multi-buildings or multi-people. Anyway, with
some of these ideas that I’m presenting to you now, I hope that you can consider them and
hopefully do the right thing. Thank you.
UNGER: Mahalo.
MAKAIO: Hi, my name is Tiare Makaio. I’m here, I grew up a couple doors down from
Lokelani McMichael’s and Simmy McMichael’s. My grandmother was Cathy Adams. She
bought the property a few doors down over 40 years ago. So I grew up on Ali‘i Drive with Loke,
and we would go to the beach every day. And Kahalu‘u has changed, you know; when we go
snorkeling, the coral is not there, you know. I came back from Florida after being with my
uncle, Brian Adams, who was a wrestler out there. I brought my daughter home, and I took her
to Kahalu‘u, and, you know, the fish that Loke and I had, growing up, I couldn’t even tell
daughter what a uhu looked like because there was hardly any uhu out there, you know, and it’s
just disappointing. I walk my grandmother’s property now, and four of the graves that were on
there, there is only one left; three of them has been desecrated. And when I ask the new property
owners, what happened to the bones, they just got rid of them, threw them away. And there is
only one grave left. And I’m, the property is very special to me, and I would hate to see what
happens to the graves behind my grandmother’s property. So I just wanted to state that. I
disagree with the building behind. It is a very special place. To me, to Loke, to my daughter,
you know, this is where I come home to, and I would hate to see it change.
UNGER: Mahalo. Charles Flaherty.
FLAHERTY: Aloha.
UNGER: Aloha. Please raise your right hand. Do you swear or affirm to tell the truth before
the Planning Commission?
FLAHERTY: \[Yes.\]
UNGER: Thank you. Please state your name and where you reside.
FLAHERTY: My name is Charles Flaherty. I reside in Captain Cook. Thank you, Chairman
Unger and the Members of the Leeward Planning Commission, for this time. I became involved
in and aware of this project through Ruby McDonald who was the prior Office of Hawaiian
Affairs West Hawai‘i Community Coordinator, subsequently also with Shane Nelson, and then
also with Curtis Tyler reviewing the documents for this project. I’ve not submitted any written
testimony, but went through papers and notes that I had. And, first of all, I think that the
Planning Department should have required an Environmental Impact Statement. This pattern in
practice of having Environmental Assessments when Environmental Impact Statements are more
appropriate, something has got to be done about that eventually. In addition, the Environmental
Assessments should not have been accepted; it’s got serious flaws contained within it, and
should not have been accepted by the Planning Department. I just want to point out that a large
portion, in fact, probably about a half of this project, is in the Keauhou Historic District, which is
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on the National Register of Historic Places because of its significance, and yet that’s not even
indicated here on this map of the project, and several of these buildings are contained within the
Register of Historic Places, Historic District. The burial treatment plan was approved first in
May of 2008, and then from 2012 to 2014 there were additional consultations and changes that
were made, and it says here that the subsequent burial treatment plan was approved by SHPD in
January in 2012, but it’s not clear in there if the Hawaii Island Burial Council has actually
considered these changes, so that’s something that I think that needs to be looked into to make
sure that it wasn’t just administrative approval but that the Burial Council – and, Mr. Unger, I
don’t know if you were on the Burial Council during that time, but if you could look into that
through your connections, I’ll appreciate it. The, let’s see, the Cultural Impact Assessment states
that there are no hunting, gathering, fishing activities and therefore rights that are associated with
this property; but it seems to me from the testimony that we heard today that’s not a true
statement. And so, therefore, again, I think that a contested case is warranted in this situation,
and also I would like to remind corporation counsel that adjacent property owners have a right to
file a contested case. Thank you very much.
UNGER: Thank you. Are there any other members of the public that wish to testify at this
time? Mahalo ‘oukou no ko ‘oukou mau mana‘o a me ko ‘oukou mau ho‘ike. He mea nui e lohe
mai makou kou mau leo. Mahalo hou. At this time I would like to ask for a motion from the
Commissioners to close this portion of the public hearing.
SHIMAOKA: I motion that we close.
KAHOLO: Second.
UNGER: We have a motion from Commissioner Shimaoka, second by Commissioner Kaholo.
All in favors?
ALL COMMISSIONERS: Aye.
UNGER: Opposed? \[None.\] Motion moves. Public hearing is now closed. Thank you again.
Commissioners, at this time we are going to get back to the appointed hand in regards to the
petition of standing, and so we are going to entertain a motion to grant or deny standing, if you
guys are comfortable with crafting a motion now, or we can go to executive session to discuss
options.
SHIMAOKA: I move that we move into executive session.
KAHOLO: Second.
UNGER: We have a motion on the table to move to executive session. Roll call?
PATEL: Sorry, just to clarify, the purpose of the executive session is to discuss your duties,
powers, privileges relating to —
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SHIMAOKA: Correct.
PATEL: — petition for standing?
DARROW: Thank you, Mr. Chairman. Could I just clarify the Commissioner that seconded the
motion? Was that Commissioner Nobriga or Commissioner Kaholo?
UNGER: Commissioner Kaholo.
DARROW: Thank you. With that, we’ll take the roll call. Commissioner Shimaoka?
SHIMAOKA: Aye.
DARROW: Commissioner Kaholo?
KAHOLO: Aye.
DARROW: Commissioner Church?
CHURCH: Aye.
DARROW: Commissioner Nobriga?
NOBRIGA: Aye.
DARROW: And Mr. Chairman?
UNGER: Aye.
DARROW: The motion passes, five to zero.
UNGER: It’s 12:20. If we can be back in ten minutes, 12:40, we’ll resume the meeting. Ten
minutes, ten minutes.
EXECUTIVE SESSION – The Commission went into executive session at 12:23 p.m. by a
motion made by Commissioner Shimaoka, seconded by Commissioner Kaholo, and unanimously
carried by a roll call vote, for the purpose of consulting with the Commission’s counsel regarding
legal questions or issues pertaining to the Commission’s powers, duties, privileges, immunities
and liabilities. The Commission came out of executive session at 12:34 p.m. by a motion made
by Commissioner Shimaoka, seconded by Commissioner Nobriga, and unanimously carried by a
voice vote.
UNGER: Thank you. The Commission is back in order. At this time I’d like to request from
the Commissioners a motion to grant or deny standing to the petitioner.
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CHURCH: Mr. Chair, I move that the petition for standing be granted based upon the record the
petitioner has established that her interest is clearly distinguishable from that of the general
public.
SHIMAOKA: I second.
UNGER: We have a motion by Commissioner Church, second by Commissioner Shimaoka.
Any discussion? Staff, could you roll call, please?
DARROW: Thank you, Mr. Chairman. With that, we’ll take the roll call. Commissioner
Church?
CHURCH: Aye.
DARROW: Commissioner Shimaoka?
SHIMAOKA: Aye.
DARROW: Commissioner Kaholo?
KAHOLO: Aye.
DARROW: Commissioner Nobriga?
NOBRIGA: Aye.
DARROW: And Mr. Chairman?
UNGER: Aye.
DARROW: The motion to grant standing is approved.
UNGER: Commissioners, at this time I would like to entertain another motion. Our decision
now is to refer the matter to a hearings officer or for the Commission, for the Leeward Planning
Commission to hear the, to conduct the hearing. So those are our choices, and if I could hear a
motion.
KAHOLO: Mr. Chair, I move the matter to a hearings officer.
CHURCH: I second the motion.
PATEL: So to clarify, you move that the matter be referred to a hearings officer to conduct —
KAHOLO: Yeah, that’s correct.
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UNGER: We have a motion by Commissioner Kaholo, second by Commissioner Church.
Discussion? Roll call?
DARROW: Thank you, Mr. Chairman. The motion before us is to hire a hearings officer. With
that, we’ll take the roll. Commissioner Kaholo?
KAHOLO: Aye.
DARROW: Commissioner Church?
CHURCH: Aye.
DARROW: Commissioner Nobriga?
NOBRIGA: Aye.
DARROW: Commissioner Shimaoka?
SHIMAOKA: Aye.
DARROW: And Mr. Chairman?
UNGER: Aye.
DARROW: The motion passes, five to zero.
UNGER: Thank you all again. The hearing on Agenda 4 is over. For the applicants, for the
petitioner, the hearings officer will be in touch with you in regards to the next proceeding. So
thank you all very much.
The discussion ended at 12:41 p.m.
Respectfully submitted,
Noriko Sauer, Secretary
Leeward Planning Commission
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