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HomeMy WebLinkAbout2019-03-21 Leeward Exh A - Public Statements (AMEND SMA 07-000020) LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT MARCH 21, 2019 The following are statements provided by public members on the application of KILOHANA MAKAI LLC (AMEND SMA 07-000020) at 9:38 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 F. Unger presiding. COMMISSIONERS PRESENT: Keith F. Unger, Nancy Carr Smith, Scott Church, Perry Kealoha, Sonny Shimaoka and Faye Yates ABSENT AND EXCUSED: Michael Vitousek ALSO PRESENT: Malia Hall, Esq. (Counsel for the Commission), Amy Self (Deputy Corporation Counsel), Ronald Kim (Deputy Corporation Counsel), Michael Yee (Planning Director), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner) and Noriko Sauer (Commission Secretary) And approximately 45 people from the public in attendance. APPLICANT: KILOHANA MAKAI LLC (AMEND SMA 07-000020) Application for a 5-year time extension to comply with Condition No. 3 (Complete Construction) of SMA Permit No. 07-000020, which was issued in 2007 to allow the development of a 5-story, 11-unit residential condominium on 14,450 square feet of land. The property is located along the makai side of Ali‘i Drive, adjacent to and south of the Kona Banyan Tree Condominium, stnd Hōlualoa 1 and 2, North Kona, Hawai‘i, TMK: (3) 7-6-014:013. UNGER: Normally, if this continued to be an agenda item, County of Hawai‘i Planning Department staff would be making their presentation, the applicant would come forward, make their presentation, and then we would open it up for public testimony. So, as I said, this has been postponed, so we are going to go right to public testimony, and we are going to go ahead and open the floor up to that. I will call the first four people that I have on the list, and if you would come up, and I will swear you in and you can begin your testimony: Mark Van Pernis, Bob Hoxsie, Joel Gimpel and Joy Green. And again, as a reminder, this is not a question-and-answer period; the Commissioners are here to listen, but you feel free to testify. Mr. Van Pernis, please – if you all would, please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? TESTIFIERS: I do. UNGER: Thank you. Please state your name and area of address. 1 EXHIBIT A VAN PERNIS: My name is Mark Van Pernis. I live in North Kona, in Makalei. I’m a retired attorney and I’ve said it extensively, precedents may apply to this case and to the extension issue generally. This project was first approved over ten years ago. I suggest that you do not change the zoning or even consider changing the zoning, because that may run afoul of legal precedents, but change the conditions of the approval. You have the authority to reject the five-year extension, and I suggest you do so and require public, new public input on this issue of over ten years of age. With all due respect to Mr. Yee, his predecessors and his successors, they did not live in Kona nor work in Kona, and I suggest they are not familiar with the issues of infrastructure that have to be considered in this respect. As I said, you have the authority to turn things down while preserving the zoning and not run afoul of any legal precedent. Things have changed over the last ten years, and will change again over the next five years. So they need, we need public input, a new application to allow for public input. I suggest that five years is too much. I suggest three years and a new application, and there should be no more automatic extensions by the Planning Director whoever that may be at the time. We need public input. Thank you. UNGER: Thank you. Pass the mic, please. Please state your name and place of residence. HOXSIE: Aloha, I’m Bob Hoxsie. I live on Hualālai Road in Kona. I do also own a property at Banyan Tree Condominiums next door. So I’m sure many others will passionately, you know, oppose this, and I probably share many of their concerns, but I’m going to focus on reasons similar to Mr. Van Pernis, and so, give some reasons why I think legally and procedurally that this extension should not be granted. And to the notice issue also, I mean, I’ve owned this Banyan Tree since 2002; I don’t recall ever being notified about any of these applications previously, and I wasn’t notified about the last extension meeting, I mean, I found out about it and so I showed up, and it got continued, you know, and I think I was maybe the only testifier at that one. But certainly, notification, I was really surprised not to have received notification for this originally. I did receive notification last week, so that was, that was good to see. But, being, you know, literally next door, I would expect to be notified when applications are, you know, are being proposed. So, anyway, I don’t know how this proposal was approved in 2007, I mean, a significant development on a, on a very small property. I don’t know how it got extended in 2012. Maybe it was administratively, yeah. And, but the extension expired in 2017. So I don’t see how the developer has any right to extend an already expired application. They should have applied for an extension, if they were going to do so, prior to the expiration. I know they, probably they didn’t own it at that time, but the previous owner should have, should have done that. So they do have a legal right to develop something here, but it should be a new application subject to today’s requirements and with community input. And so, that’s my comments. Thank you. UNGER: Great, thank you. 2 EXHIBIT A GIMPEL: Thank you. My name is Joel Gimpel. I live in Pualani Estates. And I’m here representing as the public spokesperson for the Kona Traffic Safety Committee. The committee believes that we’ve reviewed this request for a fourth five-year time extension for the Special Management Area Use Permit, and thankfully note that the revised plan no longer calls for a four-story commercial retail office building. Nevertheless, we are extremely concerned with the amount of time, which is more than 20 years, that has elapsed since the Planning Department first issued the Special Permit \[sic\] in December of 1998. During that time the initial applicant, Pacific Monarch Resorts, filed and received two five-year extensions, and the present applicant, Diamond Resorts International, received a third five-year extension to May th 15 of this year. The present applicant states that after – and I emphasize the word, “after” – assuming ownership of the property in 2013, it conducted a feasibility study to determine the actual cost for the original design, which revealed that it exceeded the allotted budget by 20 to 30 million dollars. It’s apparent that the applicant failed to perform an adequate due diligence and feasibility study before purchasing the property, and the applicant has failed, even after completing the study, to complete a timely redesign in the five years that have elapsed since it purchased the property. The applicant cites the unanticipated fiscal impact of the project as a reason for the delay. Again, had the applicant done a reasonable due diligence, it would have been an anticipated fiscal impact when the property was purchased five years ago. We are also concerned regarding the absence of a current traffic study. Accordingly, the Traffic Safety Committee urges caution and very careful consideration of this fourth request for a time extension, given the failure to make any meaningful progress on the development in the previous five years, and the absence of a current traffic impact study. Coincidentally, with respect to the discussion item on your agenda, the first discussion item on your agenda, the Kona Traffic Safety Committee believes requests for time extensions should be carefully evaluated to assure that the many important factors that include traffic volume and safety issues, population growth, waste disposal – I’m almost concluded, I’ve been testifying on two items – water availability, and drainage that were examined when the permit was first granted, have remained relatively unchanged. Clearly, careful evaluation requires new traffic and other studies. The Commission should also consider assuming that after a certain period of time, perhaps up to five years, those conditions have changed, thereby requiring new studies on all issues. Thank you. GREEN: Aloha, I’m Joy Green and I live at Banyan Tree 406 that’s on the south end of the building. So if anyone is going to be impacted, most greatly it’s me 24/7. I agree with the other issues about traffic and parking and emergency exit off of Ali‘i Drive, but my biggest concern is, if this goes through, that the building is too high. Right now every building around Kona Bali Kai, Banyan Tree, the houses to the south, there is nobody over four stories. And this design is really five stories because all of us consider the bottom ground level as one story. So literally, people would be looking down onto my lanai. And I just feel like the project is too big for this space. Something more compact or reasonable would be something better for the community to me, and also making sure that there is parking. I know Banyan Tree surfers need some parking. And so it’s just going to compound how many vehicles are sitting on Ali‘i Drive, making it more 3 EXHIBIT A unsafe for people to cross the street and walk and run and also exit for emergencies. So, that’s mine. UNGER: Thank you. You may be seated. Mia Pualei, Melekailani McMichael, Sharon Willeford and Laura Mallery Sayre. And again, if we could ask your kōkua to try, try keep your testimony within three minutes; as you can see, we have quite a bit of people here that are here to testify. So mahalo for that. Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? TESTIFIERS: \[Inaudible affirmation.\] UNGER: Thank you. You may begin. Please state your name and your address. WILLEFORD: Aloha, my name is Sharon Willeford. I live on Lako Street. As I’ve been a teacher at Kahakai Elementary School for a very long time, and in reference to the other testimonies, which I agree with, I would just like to point out that during my time there we did not have any evacuation plans for tsunamis, there were no pathways, there was nothing to do but perhaps get out to the street and climb up the hill, if we had notice. Once a year we would do an evacuation, but we would walk the children, all of them, down along the highway to the stone church, and we sit there and give them water and a snack and walk back to school; I guess that would be for an emergency evacuation. But I do not feel that we are prepared to have any more traffic in that area. I frequent Ali‘i Drive every day, and the traffic is stopped from Ali‘i Lani to town every day and often the other direction, it’s stopped. What has happened? The overdevelopment in our community is ridiculous and we need to have a good look at this, because our future, the future of our keiki is in jeopardy right now. The world is going crazy. We have got poison in our food and in our skies and everywhere. We need to focus on farming and taking care of our people and growing food. Thank you so much. MELEKAILANI MCMICHAEL: Aloha, my name is Melekailani McMichael and I live on the Hōlualoa District, and I’m a student at Hōlualoa School. I don’t think that we should build the building because eventually we would have to build a seawall with the building because the waves will get to the building. And then when the wall is built, the waves will slowly break down the wall and all the rocks will get on our beautiful sandy beaches as like the beach in front of it, which is if our beach is all rocky instead of sandy, nobody can really enjoy the beach and the surf with the rocks all around. And I could be surfing at Banyan’s, but my father says it’s too rocky. I would also love to see the ocean instead of buildings in front of the ocean. So what I’m trying to say is please don’t build the building in front of the ocean. Thank you. UNGER: Mahalo. \[Applause from the audience.\] MIA PUALEI MCMICHAEL: Hi, I’m Mia Pualei McMichael. Please do not put a five-story building at Banyan’s because why, if there is a tsunami waves, it’s just going to get ruined because of tidal waves. Just do not do it. It’s for nothing. UNGER: Thank you. 4 EXHIBIT A \[Applause from the audience.\] MALLERY SAYRE: Good morning, my name is Laura Mallery Sayre and I’m here representing the Daniel Sayre Memorial Foundation on behalf of my husband, Dr. Frank Sayer, and myself. We support the Hawai‘i – oh, sorry. UNGER: And where do you live? MALLERY SAYRE: I live up Kaloko. And we support the Shane Dorian Keiki Classic surf meet that’s held every year at Banyan’s. We’ve done so for the past 20 years and we honor an individual who is an outstanding member of the community and a spokesperson for our community. This surf beach is so important to our community and to our future generations as it has been to our past generations. So I’m speaking against the extension. I am in agreement with the young ladies who are sitting at this table; I don’t think we need another building on Ali‘i Drive. The traffic situation, according to Attorney Joel Gimpel, is a problem. And we have difficulties even during the surf meet with traffic issues. If we put one more condominium up there, it’s going to even increase the situation we already have, which is unbelievable. So I would speak against extension. I hope that we perhaps would be able to buy this land with the two-percent land tax that we have been holding \[applause from the audience\]. That’s what the money is for, and so nobody ends up losing; the condominium, the people who live in condominiums around that area would be protected from another building, and the individual who owns this property right now could be reimbursed for their investment, and we would be able to save that beach for our future generations. Thank you for your time. UNGER: Mahalo. Thank you all. You can be seated now. Thank you. Carlie Isaia, Lokelani McMichael, Tiare Makaio, Keawe Alapai. Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? TESTIFIERS: \[Inaudible affirmation.\] UNGER: Thank you. Please state your name and area of residence. ISAIA: My name is Carlie Isaia. I live in Ali‘i Kai Subdivision just five minutes away from Banyan’s. I grew up surfing there. And we just don’t need another condo. We don’t, especially a five-story one; that’s just kind of ridiculous, especially in that small area, that’s just, it’s too small. The traffic has increased. I’ve been surfing Banyan’s for over 20 years. I grew up, that’s where I learned how to surf. It’s a great break, and the buildings impact that. We’ve seen the seawalls go into the ocean. It’s just, it’s not needed, it’s not needed. They can go somewhere else. Thank you. L. MCMICHAEL: Aloha, my name is Lokelaniku‘uleimakamae McMichael. I’m from Kailua-Kona. I live in the Hōlualoa Ahupua‘a. I’m opposed to this project getting another permit. A five-story building, making that the tallest condo, at Banyan’s is just way too tall. This land is very special. It is registered with the National Register of Historic Places as of June 8, 2005. It’s also significant in terms of history with surfing culture, just surfing in general. It also was the residence of the only two known female chiefs to rule the Big Island of Hawai‘i, 5 EXHIBIT A Keakamāhana and her daughter Keākealaniwahine. This project has had a five-year extension on the permit, and as of December 26, 2017, it expired. That should mean it’s all pau, you know, and I don’t see how you can blame on the bad economy, either, because they are trying to sell it for 1.8 million dollars, and they only paid 10,000 dollars for it. So please just don’t build five stories. Twenty feet back from the shoreline is way too close still. The inside section of that whole Hōlualoa Bay, wherever people had put all those buildings with the seawalls, you’ve taken out the inside section. There was an inside section where the keiki and wahine-s got to learn; it’s gone, it’s all rocky. I’ve been surfing there since I was ten years old, and I’ve been told by residents to get off their lawns and go onto the loose rocks. I was ten the first time I got told to beat it, and my brother was eight. So, just, all pau. Mahalo. MAKAIO: Hi, I’m Tiare Makaio. I live in Sunset, but my grandmother’s house was on Ali‘i Drive. Loke, I and Keawe grew up, we are 40 now, and we grew up on that beach, you know, we learned how to surf at Kahalu‘u and Banyan’s, watched our parents surf there. And the development and the overcrowding and all the buildings, it’s just taking away from our Ali‘i Drive, you know, there is no space for us to enjoy the beach, you know. And just walking across the street from my grandmother’s house with my daughter, trying to watch the stars, we are getting kicked off the beach. We are getting cops called on us, you know. That’s everybody’s beach, and we’re just closing off more access to the ocean. And the traffic is bad, you know. So I’m opposing, you know, the permitting. And I’m hoping that we maybe turn it into a community park, you know, so we can bring our families down there to enjoy it, you know. It shouldn’t just be for specific people to enjoy the ocean; it should be for the people that was born and raised here, for all of us to enjoy, you know, not block it off anymore. That’s it. Thank you. UNGER: Mahalo. ALAPAI: How’s it? My name is Keawe Alapai. I guess I’m a lineal descendant of the place. My grandfather lived right there on the, right next door to where they’re gonna build their property. My grandpa is Keawe Herbert Alapai. My grandma is Mary Arthur Ceasar Spinney. And that’s where they lived at their young life. And my grandma used to tell my grandfather to go fish for the āholehole, uouoa, because that’s what she craved because she was hāpai with my mom and my mom’s brother Keawe. So he go two o’clock in the morning, you know, throw net, catch the āholehole, and my grandma would, you know, just suck on the heads of the āholehole. And, you know, that’s part of our Hawaiian cultural practices from the ancient days, yeah? So, and my ancestry comes from every island, every chief, Moku o Keawe, Alapa‘i Nui, Kalani‘ōpu‘u, all ruling chief, all related to Kamehameha, that’s all my ancestors, but I don’t like brag about that, that’s not my thing. But you guys gonna build one, one five-story condo, it doesn’t benefit nobody, only the people who’s gonna sell it for the millions. The lineal descendants, lateral descendants, the community, the residents, nobody benefits, only the people who’s making money. They’re gonna just make their money and leave. They are not making a residential. They are not participating in perpetuating the Hawaiian culture or its sacred sites. Even though they are saying there’s no sacred sites, but Hawaiians, my ancestors, live throughout every island of every ahupua‘a; they live, they fish, they worship, they’re part of the land. So by saying that there’s no bones or there’s no history, just like saying there is no Hawaiians in Hawai‘i. So, they gotta redo the work, because like I says, these archaeologists is not lineal descendants, so, how do they know the history when they have no bloodline to the land or anywhere in Hawai‘i? They are from the mainland. So even though they have a degree, they 6 EXHIBIT A have no history, family stories that’s been brought down from generations to generations that tells about the history, where they ate, they sacrificed to worship, etcetera, etcetera. So, yeah, I oppose the condo, and hopefully, you guys can turn it into like one parking space with bathrooms because that’s what we need, because Banyan’s is a huge road wide spot, you know, get like Shane’s contest and there’s many more contests that they rule and there is no parking, and it will be a perfect place for a parking and bathrooms for the community, the lineal, lateral descendants, tourists, everybody benefits. So I think that’ll be better, but – thank you very much for your time. UNGER: Mahalo. Thank you. You may be seated. \[Applause from the audience.\] Trisha Kobayashi, Shannon Rudolph, Cherie Griffore – both as self and Surfrider Big Island Chapter – and Sepa Tanoai. Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? TESTIFIERS: \[Inaudible affirmation.\] UNGER: Thank you. Please state your name and area of residence. KOBAYASHI: My name is Trisha Kobayashi. I live right across Banyan’s. My family, I, born and raised there all my life. We don’t need this. We don’t need another condo. We don’t need more traffic. We don’t, especially a five-story building, it’s too much for that little property. The traffic, to get out when we have, the last time we had the tsunami, it took us almost four hours to get out, and, and we left early, we didn’t wait till the end; we left when we were supposed to and it took us almost four hours to get out. And it’s crazy, the traffic on the weekends, there’s just too much buildings and development. The parking, they park in our driveway, and we feel bad, they are surfers, we know them, but we always try to tell them no you can’t park there, but where else are they going to park, you know. Just, we don’t need this. Thank you. GRIFFORE: Hello, my name is Cherie Griffore and I live in Kailua-Kona on Palani. I am here representing the executive committee for Surfrider Big Island Chapter Kona Kai Ea. We have over 1,100 members and we oppose this development. Now, I’d also like to give my personal testimony. Last time four people showed up to oppose this; today, you have a roomful of people to show you our community opposes this development. In a 2-28 West Hawai‘i Today article, it was titled, “Erosion Undermines Ali‘i Drive in Kailua Village”; “County crews are working to address erosion issues on Ali‘i Drive across from Bongo Ben’s Island Cafe in Kailua Village. … ‘It’s like a washing machine right there,’ said Highway Division Chief Neil Azevedo. ‘It hits and circles.’ Azevedo said the erosion has been an issue \[in that area\] for about four or five years. Crews have patched it up at least once, where they back-filled it with rocks and fixed the wall fronting Ali‘i Drive.” In a 3-7 West Hawai‘i Today article it says, “Erosion issues on Ali‘i Drive in Kailua Village are being addressed and repairs are underway. ‘It was damaged good,’ said the Highway Division Chief, ‘the road was undermining. I’m glad we caught it when we caught it.’ For the past several days crews have been working to repair the seawall, patching up holes and restacking rocks. Azevedo said, “The wall should wrap up today and they are patching up the sidewalk.” 7 EXHIBIT A I’d also like to bring up the public trust doctrine. In strong language it says, “The Hawai‘i Supreme Court described the public trust doctrine as ‘the right of the people to have the waters protected for their use, which demands adequate provision for traditional and customary Hawaiian rights, wildlife, maintenance of ecological balance and scenic beauty, and the preservation and enhancement of the waters .... For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawai‘i’s natural beauty and all natural resources, including land, water, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and …. All public natural resources are held in trust by the State for the benefit of the people.” If we build this condo, it will not benefit the people, it will benefit very few. There is also Shane Dorian’s contest, which I have the shirt on right now. They just celebrated th their 24 year. The keiki must get good grades to participate in that, and Shane gets all his sponsors to give the prizes. And the Sayres are awesome supporters, too; they give scholarships. And the condo here would be a huge loss to our community for the benefit of a few people. Thank you. \[Applause from the audience.\] RUDOLPH: Aloha, my name is Shannon Rudolph. I live in the Ahupua‘a of Hōlualoa. I’m testifying today in honor of Joy Keahi Mills. It’s her birthday today, and she was a Hawai‘i County lifeguard, cultural practitioner, and fierce advocate for protecting our shoreline and our ocean. I want to honor her today on her birthday, and just want to say please deny this SMA extension. You’ll hear more about the traffic; it’s too much already. There is no parking. There is no evacuation routes. The tide is rising, and it’s going to cost tax payers down the road to remedy that to clean up the mess. There shouldn’t be any more construction on the makai side of Ali‘i Drive at all, big projects especially. Ali‘i Drive just cannot handle one more car. Thank you. TANOAI: Aloha, my name, Sepa Tanoai. I move here in 19- in the 70’s. When I first came, we didn’t even have a streetlight here. And I remember taking my kids down to Banyan’s, and there were surfers out there, because they wanted to surf, they learned how to surf there, and there was protesting put up the condo over there. And I remember, you know, holding signs with them and all that. And then even when they did it at the Magic Sand’s, and the thing was when – the reason I move from Honolulu, the place was getting crowded, I live on North Shore, born and raised all my life, and I say eh I’m gonna go to Kona. It’s, you know, and it’s hardly had anybody here living then, back then back in the 70’s. I got a farm, a coffee farm, in Hōnaunau. I live up Kalaoa. I got a house there. And I still got the farm, I run the farm there, we got chocolate. But then I remember going down today and protesting, and even when, even Virginia Isbell came with us down Kealakekua, there was a park and that’s where we used to go down and barbecue across from, you know, Nāpo‘opo‘o, the park was across, right on the water. And some doctor from the mainland came over there and wanted to build a house. I don’t know how they gave him the permit. They took the park away from the people and put his house there. Now all you got is the mauka side of the park. And I says all this stuff – and they wanted to build a, down in Ke‘ei, they wanted to build a golf course, we protest – it’s like I’ve been protesting all my life for about stopping stuff like this. So I reject what you guys gonna to do. Just like we don’t do, it doesn’t matter, when we go up and speak about stuff like that, you guys do them anyway, just like it doesn’t matter. Thank you. \[Applause from the audience.\] 8 EXHIBIT A UNGER: Thank you. I have two more names on the list: Cindy, and Adriane Skinner. And if there is anybody else who would like to testify also at this time on this agenda item— FROM THE AUDIENCE: Who was that you called? UNGER: Cindy – no last name. Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? TESTIFIERS: I do. UNGER: Thank you. Please state your name and area of residence. SKINNER: My name is Adriane Skinner. I live in Ali‘i Banyan’s across the street behind Banyan Mart, in a property that was built I think eleven years ago. It was very conservative development with dedicated parking. I purchased in fall of 2017 in large part because of Banyan’s and because of the aesthetic of the neighborhood. I’ve seen a lot of coastal properties in Southern California, and I moved here from Maui because of density and development there, and I’ve never seen a public space so loved and cared for; watch these guys clean it up, they recycle, they rake the leaves, they take care of anything that would hurt that keiki that run around in bare foot. And I know that it’s private property and buying property around it is a risk, but I’m concerned about population density, property values in the area, especially parking, the area is dangerous already. I’m mostly concerned about just another property that might turn into vacation rentals at some point. So, personal interest but also public interest. Thank you. FREITAS: Aloha kākou pano. E mele komo ā he mele aloha. Na kupuna i ke au i hala. Aloha mai kākou. I am a descendant, prior to 1778. My ‘ohana is Kamaka‘īmoku. We as a descendant are here to protect what our kūpuna told us. I’m a culture practitioner. There is many historical properties here on the Big Island and many other islands. As far as this developer, I think he was, this, the applicant, actually was, wasn’t forthcoming in public hearings or meetings because according to the HRS 91 and 92 you have to put out a hearing. He failed. I can imagine many more failures, which happen, from what I’m hearing from the applicant. So I don’t think they are forthcoming here. Two, because we are cultural practitioners, as many things that happens in that area, significant findings, inadvertent findings of burial grounds, kū‘ula stones, things like that, we practice, and we continue to practice our culture, fishing, brothers fishing, brothers pule from mauka to makai. And then there is the aquifer underneath that runs through Mauna Kea come down to that area, which is not explored. And that would be damaging for our culture, especially for our fishes; all this water that comes from mauka to makai, that feeds our coral, our fishes so we can maintain the growth of the fish so we can still practice our culture. Now, the developers that we see today that build things, they had damage our resources, they had damage a lot of our stuffs. It’s time for this foreign investors to go back, because they are not, they are not helping the people who live here; they are helping their pockets. And I’m sorry you guys are put in this predicament as middleman, but you need to use the best to be akamai in deciding that this is not forthcoming. They failed many times from what I’m hearing on the table, and I don’t think this should be extended, the Special Management Permit \[sic\] shouldn’t be extended. Mahalo. 9 EXHIBIT A UNGER: Thank you, ma’am. For the record, what is your \[applause from the audience\] what is your last name? FREITAS: Freitas. UNGER: Freitas. Mahalo. Simmy McMichael. \[Ms. McMichael displayed a collage of photographs in front of the Commissioners.\] Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? P. MCMICHAEL: Yes, I do. UNGER: Please state your name and area of residence. P. MCMICHAEL: I’m Paula Simmy McMichael and I reside Kailua-Kona, Kahalu‘u and Hōlualoa, in the Ahupua‘a I and II of Hōlualoa. Okay, I know I have three minutes. It’s really hard for me; I can go on and on for days. I do have a lot of information, but I really want you to just say no to this. And, you know, living in this ahupua‘a since the 70’s, it’s really special, and the more I learned about it, the more I need to protect, because of what people don’t know, and what I know, I really need to share. And I really didn’t want to file for a contested hearing. It takes a lot of energy, and I’m very emotional about it, and it stresses me, and everything falls back. So I know I have three minutes, so I hope my picture tells a thousand words to you. You know, the iwi kupuna-s, they are real. The mana is real. It’s not just mana in the iwi; it’s everywhere. And when they are unrested, I feel it, and I don’t even, can’t explain it, you know, I don’t even want to go there because you, maybe a half of these people won’t understand. But my Kahalu‘u property, it’s the largest archaeology site ever found in the State of Hawai‘i. It’s documented. This is part of it, because this is where the chiefs lived. They thrived. Why? Because of the cultural, it’s all about the cultural. And the kings and the chiefs were all on Ali‘i Drive. Do you know why it’s called Ali‘i Drive? Because it was for the ali‘i-s. You know, they had plantationers and they had workers, but this was their spot. And because it’s so rich in the soil, rich – okay, sorry, uh, sorry, you can look at the pictures, I’ve written everything I could for you. But that’s where I stand. UNGER: Thank you. Mahalo. \[Applause from the audience.\] The testimony ended at 10:24 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 10 EXHIBIT A