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Approved 08/09/06 MOLOKAI PLANNING COMMISSION REGULAR MEETING MAY 24, 2006 A. CALL TO ORDER The regular meeting of the Molokai Planning Commission (Commission) was called to order by Chairperson Robert Ribao, at 12:35 p.m., Wednesday, May 24, 2006, Mitchell Pauole Center, Kaunakakai, Molokai, Hawai`i. A quorum of the Commission was present. (See Record of Attendance.) Mr. Robert Ribao: We’re begin. Like Wayne said, if you haven’t signed up for public testimony, I think there’s going to be a lot today, so please sign up for whatever item you’re going to testify on. Chairperson Ribao read the May 24, 2006 agenda into the record. Mr. Ribao: Okay, DeGray, you wanted to change the agenda if possible? Mr. DeGray Vanderbilt: Yeah, Mr. Chairman, I’d like for this Commission to make or consider amending the agenda which would include the number one would be the Community Input on Matters Related to County Planning; number two would be the public hearing on the hospital; number three, Goodfellow Brothers public hearing; number four, the communication from the special area minor permit for the construction of single-family resident; number five, the Director’s Report and specific one and two, Panda Ranch Commercial Tours and the -- just the discussion on the entitlement process of Laau Point; and then the Chairperson’s Report, and then whatever else we have time to finish. Mr. Ribao: Any second to that? Any discussion? Ms. Janice Kalanihuia: I’ll second that motion. Mr. Ribao: Any discussion among the board members? There being no discussion, the motion was put to a vote. It has been moved by Mr. Vanderbilt, seconded by Ms. Kalanihuia, then unanimously VOTED: to amend the agenda as requested by Commissioner Vanderbilt. Mr. Ribao: Okay, the agenda is amended and we’re going to start off with public input, and what that is if there’s an agenda item and you can wait to testify during that particular item, Molokai Planning Commission Minutes - 05/24/06 Page 2 I suggest you wait. If you gotta go and you wanna give your input now, I’m going to let you come up and give your input right now. Please state your name. And just to let you know you have three minutes, yeah. C. COMMUNITY INPUT ON MATTERS RELATED TO COUNTY PLANNING Mr. Bill Pfeil: I’ll just take one minute. Sorry ...(inaudible)... My name is Bill Pfeil ...(inaudible)... a farmer in Molokai ag park twenty-seven years and I’ve owned the property where the health food store and my laundromat are for twenty years. The laundromat needs to be rebuilt, and the health food store needs to be rebuilt, and I’m trying to get BC-T zoning and for a year now I have attempted to find out where do I start? And I have not received any feedback except, last week, Francis Cerizo called me ...(inaudible)... I understand there’s a mapping problem too on the property where the health food store and the laundromat is. So I’m here just to ask what do I do? Where do I start? And I think maybe this is a good place to start so I need your help. Mr. Ribao: Any questions for Mr. Pfeil? Go ahead, DeGray. Mr. Vanderbilt: Yeah, Mr. Chairman, Bill called me last week and I did go over to the county and I got a bunch of maps, the original zoning maps, the country town business maps, and a lot of other colored maps, which I’ll give to you, Bill, after the meeting. But it does seem like that he’s been in the process for an awful long time without getting any direction and I don’t think that’s right for somebody in a small business here on Molokai have to do that so I would hope that by the next meeting maybe we could get some explanation from the Planning Department as to what the problem is, how that problem can be resolved, and a suggestion of the process Mr. Pfeil needs to go through in order to get the country town business zoning for his property. Mr. Pfeil: And I’d be willing to hire somebody to help me. Mr. Ribao: Okay, Wayne, you get any comments on that? Mr. Wayne Boteilho: Just quickly, Mr. Chair, first of all, Wayne Boteilho, Deputy Planning Director, pardon my site inspection clothes. Yeah, Vice-Chair Vanderbilt brought this to my attention last year and I’ve instructed staff to look into this and that’s why Francis Cerizo called you. It looks like, to keep things short, we need to start with a community plan amendment from residential to business, so we’ll be -- so we’ll be in touch with Mr. Pfeil. Mr. Vanderbilt: Mr. Chairman, can this Commission get a response the next meeting? Mr. Boteilho: I’ll have staff bring it up. Molokai Planning Commission Minutes - 05/24/06 Page 3 Mr. Vanderbilt: Thank you. Mr. Ribao: Okay. Any further public testimony? Okay. Mr. Gene Anderson: Good afternoon, Planning Commission members. My name is Gene Anderson. Good afternoon, commissioners. I appreciate this opportunity to speak to you. My name is Gene Anderson. Let me tell you, first of all, that I really appreciate the job that you folks do and I’m not trying to butter you up. I think that your work here for Molokai is commendable. I came to Molokai more than twenty years ago. I chose to plan, at that time, my retirement year. I appreciate what you folks do to keep Molokai Molokai. I also do that. I think you’ve seen me at your meetings because I wanna know what’s going on. I go to a lot of public meetings. And so, as I say, my wife and I discovered Molokai twenty- one years ago and decided that this is where we wanted to retire and bought a Kawela property. Then, eleven years ago, we built our home there. As a retired biology teacher, I felt I had to have an orchard there. I built myself a devil that is -- I need to move out of Kawela. I can’t take care of this any longer. My next birthday next month is seventy-two. So I’ve tried to -- I love this community. I try to earn my way in this community. I belong to organizations. I support them. And I feel blessed to live here. About seven years ago, my mother passed away and she left me an inheritance and she said, “I want you to do something that you’ll enjoy.” And everybody told me get in that stock market, you cannot lose. Well, I’m so glad I didn’t. Instead, I bought a lot in Kanoa in 1999, this is before many houses have gone in there since that you see, and so after much planning with an architect here, we’re finally ready to go ahead with the building, and the, excuse me, I need to have the correct title for Mr. Foley and his department, but they’re, I feel, singling me out. The houses out there are built according to subdivision survey pins that have been there since the subdivision began in 1979, and those marks are still there. The fishpond out in front, maybe you know it as private; it belongs to the Kamakana’s; it’s over fifty-two acres; they pay taxes on it. We are permitted to use it for recreational purposes as part of our title. But I feel that the rules are being changed on me in this string that I’m being singled out and suddenly I’m being told that I must set back from the vegetation line, not ten feet from the pin that two neighbors have, but now eighty-five feet from the vegetation and twenty-five feet behind the legal pin. And so I’m not here to plead this case today because I think it’s too long, I know you guys have a very full agenda, but I just feel -- I’m here to ask for your help but I’m not sure where to turn. I feel like I’m getting a really deaf ear from the Planning Commission and, not the Planning Commission here, but the Director of Planning, and I feel that they want to apply some rule that makes sense on Maui. And I having come to many of your meetings, I hear you guys dealing with the same problems. We want to keep Molokai Molokai. We want to have some independence. We wanna have more ability to make our own judgements. And so I come here to ask that I be on your agenda next time to present my -- the issues about the -- these are boundary issues and setback issues. And I thank you for your attention. Molokai Planning Commission Minutes - 05/24/06 Page 4 Mr. Boteilho: Mr. Chair, may I ask a question? Sir, yeah, I’m the Deputy Director Planning. I’m not aware of your predicament at this point. Was there a letter that was sent or anything like that? Mr. Anderson: Yes. My architect has received a letter. Mr. Boteilho: Okay. Mr. Anderson: And we’re being told that we must -- and I have asked -- I went and got the survey for you, that was extra money, eighteen hundred money to get the what? Coastal survey? Mr. Boteilho: Okay, what I’ll do -- Mr. Anderson: I paid two hundred dollars to have a state guy come out here and verify that and I thought, well, you know, what are you going to do? And now we’re talking about side setbacks and, you know, I don’t know if there’s such a thing as -- as being grandfathered in here, maybe I’m grandfathered by age, red card, you know, but I’m getting, you know, I just feel that I’m being pressurized and somebody has said, “Boy, you know, somebody else did this down the road.” Did you guys come out to look at all the fill that’s on the other properties? Have you come out to look at the walls that are not permitted? Have you come out to look at the rest of this? And my feeling is, hey, it stops with Gene Anderson.

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