ok it's twelve o'clock and we're going to start the meeting and i want to thank you all for coming and first i'd like to say that we're going to because of are second on the agenda here is there anyone here that will not be able to be here for certain i don't see that you want to discuss or talk about it but if so would you please step to the mike and state your knee and tell us us you need to take a vote won which is a petition to intervene  special use permit to operate a short term rental home so i wanted to explain to you the short term rental home regulations under molly county code nineteen point six five point zero three zero it is  zero four zero as a residential use in which overnight accommodations are provided to guests for compensation for periods of less than one hundred eighty days in norm or then to the tax single family dwelling dwelling and each bedroom will have no more than two adults and two children so that would be the match so there are several additional requirements that are associated with the  age which we call short term at the home for short process as part of the application number one there's notice requirements they have to go through the arch sign requirement as well as a home inspection requirement there are fourteen pages total in the application itself within the application there is twenty nine checklist i had on that all must be completed prior to submission there are thirty two checklist items if you are located in the land use agricultural district this is just an example of two pages of that fourteen page application that they have that each applicant has to go through this is hall the flow chart would look if they go through the permit process after submission be currently the mali county on the island of maui and lemony the cap is actually the cap is four hundred total short term rentals in the county of maui specifically designated for the island of maui you has no cap there's no limit nor does mordecai has any limit to any short term rental home for that that total there is only thirty percent penetration in the whole county of mali right now its would be for the short term rental homes if you seeking a macand there's a cat because the planning commission wanted to cap in the molly metals area specifically located in kiev so they reached their capacity of five in that area because they felt it was concentrated sold for more locally short term rentals and bed and breakfast currently we have a total of ten permits short term rental homes and we have  permitted bed and breakfast homes and leg i said there is no cap or no limit on the isle in a moral case for either short term rentals are bed and breakfasts and this is where the ten are located so this is from one to ten and the next slide will show you where the paros are online and in comparison to the permitted short term rentals so you can see where the so why you are not reviewing the chart are rental homes so as far as the my county court states nineteen point six five point zero six zero under their permit processing number two the director shall approve or deny the application pursuant to the requirements of this chapter provided that the applicable planning commission shall approve or deny the permit pursuing to the requirements of this chapter when any of the following me occur so a is either two or more  or more of the owners and lessees of record within the five hundred foot radius of the purple shirt to rent the home lot submit written protest so the director when there are less than forty lots within five hundred feet of the proposed short term rental home i didn't put see because it's if it's fifteen percent if there's more than forty lots within the five hundred foot radius that which doesn't pertain to this project and the if they have to obtain a variant to get  nineteen point three zero at the same special uses under the letter n for short term rental homes i'll just read that i tell a size that if the property containing the short term rental home is located in the state agricultural district the applicant shall obtain a state special use permit pursuant to section two zero five six under the hawaii by step choose in addition to the rent or mental chapter nineteen point six five title of this title and county zoning is a culture and some of the property that you actually see right here right now is a portion of a home is in the  so this is the criteria that the state special use permit would have to abide by under the chapter two a five six h r s meaning is unusual and on reasonable uses in the state ag district and the applicant is in compliance with all of the one through five county amalia rules and regulations that the part does not require to have a farm plan so out of the thirty two checklist that items that i explained earlier if you are designated as an agricultural dish trick it is a recommendation that you go through a farm plan and a farm plan implementation this is mr pearl's farm plan and as you can see the date he started it back in february twenty six of twenty thirteen and today's man thirteen twenty fifteen and the applicable planning commission shall consider the following so if a proposed shark or rental property is subject to any home owner condominium association or other private conditions covenant restrictions then correspondence from that association or other entity responsible for the as for smith of the conditions covenants or restrictions is required so all the correspondence challis klute specific conditions that determine whether or not the proposed a rental home use is a loan so i just i tell the size on the bottom to kind of make sure that you guys know that the director and the planning commission is not bound or shall not be blown by any association d c are allowed for a short time rental of your property which stated in this letter so i don't know what is the public hearing part of the requirement is that well let me just read it on april thirteenth twenty fifteen the applicant mailed out of notification and location map to all owners and recorded ses adjacent to the subject property we have received no complaints and one correspondence from the addressees on a per night twenty fifteen regarding the proposed s e p tool and s t r h application in which mr pryor out did respond and notify on april thirteenth twenty fifteen so the applicant is in compliance with property or the adjacent properties located so number four is the proposed project and all the green are the properties that surround them that mr perot did notify  so public testimony so there are no complaints or objections that have been received by the department of any of those adjacent property owners nor any of the owner's property within five hundred feet of the bodies of the subject property however and what he can hear me as at this time we will take up public testimony and please if you would limit this to ten minutes three minutes ok i heard well then i don't have to make my other appointment so would you please limit it to three minutes mr wesley please step to the microphone and state your name thank you my name is richard west when i'm the president of the west molokai so she asian i and i simply wanted to make a clarification on our on our on our letter we do not this is our first response to a letter for for a short term rental permit and or apartments and i want to just clarify that we don't go through an approval or disapproval process of this is simply stating the covenants allow for a short term rental thank you thank you mr west any other public testimony yes ma'am please step to the microphone and state your name for the record lower road that's located in the proper subdivision west more like i e i'm a single family residential property owner for lots to the north of the crowd's property to just read now from my testimony a special permit provides a landowner relief in exceptional circumstances where the use desired would not change the essential character of the district nor be inconsistent with it i wanted to describe the essential character of the district for the commission so it is clear that this application is out of sync with it west molokai is a planned community significant of it were designed and developed for hotel and resort use significant areas were designed and developed for condominium use a few areas were set aside for commercial use and there's a conservation area created to protect the coastline now  last subdivision to be annexed us more it has two hundred seventy six law the land used as already described by simple is designated agricultural by the state land used commission the molokai community plan and county zoning further each residential home was required to have a total floor area of not less than twelve hundred square feet prior to construction owners are required to submit come forming plans to the west one committee and perhaps mr west one in the hearing portion on the petition can discuss this in a little bit more detail what plans were submitted and whether they were ever constructed according to those approved plan applicants did not comply did not apply to the county for a permit to build a house what was applied for and permitted by my we county in one nine hundred ninety eight was an accessory garage carport dwelling consisting of seven hundred ninety two square feet of basement garage a two hundred sixty four square foot concrete floor haarp forward and a five hundred twenty square foot main living area it was not permitted as a single family residential house and that's why i have to disagree with this contention that even if it were in two thousand and thirteen converted to a farm dwelling you can have a farm dwelling without a farm and there is no farm in buildings without a conforming primary residence are allowed by the effect of both covenants although the african structure is sometimes referred to as a first farm dwelling and cannot be for the reasons and contrary to the overview proposed request by the prelates the pros use does not preserve the single family residential use of the neighborhood and its proposed used is inconsistent with the essential character of the neighborhood allowing the use of an excess rebuilding of the short term rental on property at issue doesn't serve to protect preserve and encourage the development of preservation of lands for which they are best suited this property is best suited for agriculture if and when a compliant single family residence was going to read part of the letter so your question related to the s s rebuilding farm dwelling farm plan trans transit vacation and i called activities are primarily under the  department of planning and we recommend that you discuss your concerns as our letter dated november sixth that is is that by the statement that the first part of the wedding is in general compliance with applicable building electrical excuse me miss because that plans were made back in whatever nineteen something when there was a hotel and there was the ranch that reality is now we don't have it we've got a one hundred nine condos that are actually legal that people can rent we have ten home on the website he's been doing it for years now i mean he pays his taxes this year he probably paid in ten thousand to the hotel tax in the county where these other homes if they're taken off the site go underground you might not see any kind of  dollars are needed there is nothing on the west so i just want to make that point i had no problems ever with the cation reynolds everybody back to the neighborhood and if anything happens on the beach that has nothing to do with him that's just people coming down to wasn't really well prepared but i am speaking as a business owner as a resident of for eleven years and as dana mentioned things have changed dramatically in the years that i've been on this island last month i helped a group of eighteen pilgrims come from they were coming i know they're pissed pillions they came to go to college but we designed a program for them to stay top five for four days and it's only eighteen people and yet we were able to put money into many of our businesses in town all of the snacks that they were bought at the saturday market were made locally oneness bus service got money the gas stations got money and c noisily keeping thanked me for the people who were able to work for the four days that they were here it doesn't take large groups or big impact to make a big difference in our town and as the business owner that struggles and that has already come into the slow time of year not knowing how i'm go make it through this year i ask for all of you to keep that in consideration when making these determinations we need these rooms molokai attracts a certain type of demographic for the years that i've witnessed we don't have big problems and if there were there be a lot more complaints from the adjacent properties and the ripple that comes from your decisions are going to affect all of us on the island thank you thank you ms worlds in the comments or questions from the commissioners saying  control we now have over twenty of these illegal short term rentals nobody's address and they just choose to come over here and do whatever they want it's totally against the law it's totally against our covenants and i think the community is going to suffer a long range because the rentals were defined to be in a certain area these ranch lands that use exactly non conforming i might add for us to have short term ironically i think you don't know what the real facts are the three lots are jason two mr perriello are also doing the same activity so they're not a plane they're not going to probably be right here behind trying to get another trying to get permission to do the same thing so we have even ok for the commission to go along with something that's going to violate a covenant and mind you these are the promises from way back when this community was first planned the one planned and if we were to have any hope of having a hotel re stored surely you don't want to bunch of competition against him i think that's what part of the problem has been all along there's too many down there thank you woods thank you yes or yes very important thing was when i was doing my research about all these other families or owners that are doing the same thing there are some are proposing   units to sleep twelve or fifteen people i think one thing that we're really not looking at is when we get these plants approved by the county a very important issue with septic waste disposal so when we're designing the houses for single occupancy for just a few people or to occupy what happens in the event that you start now having ten or twelve people stand there and you're saturating the field that i think is start to become an environmental question  definitely those systems were not sized properly to be handling that kind of load and that's what i want to add thank you thank you thank you mr wood and the questions or comments of the commissioners ok we will continue on with public testimony please step to the mike and state your name a bed and breakfast not short term brendel so the short term rental rules are different than the bed and breakfast rules i read through that many times one of the problems i have with the bed and breakfast  specifications is that there are no ben breakfast is on this island so why are there no brick bed and breakfast is this because the bed and breakfast rules and regulations  are significantly more and they they are more strict than the rental short term rentals the other thing is that you are res year it's not a one time deal there's a lot of things to go into a bed and wreckers permitting then there is in the in the end permitted short term and i think that's the reason why you find no bed and breakfast is on this island we my wife and i have been trying that we pay our taxes for the last ten years all that stuff and and then all the sudden i get a letter from the county of maui couple months ago saying that i have to stop and you know stop operating the letter and if i don't i'll get a thousand dollar fine each and every day we advertise on the internet like the other people do i can say that we provide our income basically has been around thirty thousand plus each and every year we're classified as one of the top bed and breakfasts on this island lie read recently sponson really you know people writing in but we have to be under under water because we are our real legal number one and number two there are no bed and breakfast on this island the number three people who applied breakfasts is permits on this island have all been refused rejected by your commission by the new there you know the board i'm looking at right now you have not approved one bed and breakfasts on this island since i live here is it here over ten years why don't you approve them you have a nice big house or a short term rental there aren't that many bed and breakfasts and we like that one lady said that we provide a lot of income to designers who bring a lot of people from all over the world to our been brokers in all over the world europeans asian everything and now we are confronted with a situation that we have to shut down and we are his own in the association commissioners do you have any as i don't ever remember having a bed and breakfast application before us did we have one i know is on the well for the record i've been here this is my second fifth year time i have never seen a better bet this application before this commission thank you should tell mrs lopez ok is there any more public testimony i'm sorry yes or my name is john i feel that i should get up in front of everybody because this is all about me filing to become legal know i feel love because you guys have all come out here to to make a decision today that i should stand up for you but you know that i'm a full time hawaii resident the most high property we have had for the last sixteen years prior to the west molokai association i was the first president of that association and help started been the leak was the quit smoking by general manager at the time and asked me to get involved because there were no properties that had been purchased so we began the association and at that time because my house is smaller and i didn't want to put a big house right down on the beach i want to respect the people that resident i looked to see how we could make molokai work for my wife and i my wife and i had forty years and we found it in the hotel close we started having issues with the water and the deer would come down and they would they would dig up our water lines and so we had to fence the property which we did we bought plants from maui and brought them in and planted  beautiful trees to improve our property we bought all the coconut trees when when the golf course closed and their home virtually went out of business we bought other coconut trees and brought it that we wanted to improve and make the property nice now the water rates have gone so high we bought the trees from the golf course because the golf course owned by the well the same people who own the water company decided they didn't want to water anymore because the price was too high so we're in a situation where we needed to do something we need to run our house to at least offset some of the calls for a water so illegally we have been going ahead and we have been writing our house out and paying the tax for years we come to you because we want to become so currently i need somebody there that can help me with the property we have another home over on oahu and i'd like to be able to go ahead and rent it out legally i had some little notes or just some other little points i should point out that there should be different rules for the dry side of the island being agriculture and the website obviously the website you don't have the water issues that we have if we're in a drought why should we be watering all the time and and using a lot of facilities that we're talking about i had to have a pastor in my house and put horses there doesn't make any sense because i'm already my bill last month but that was a thousand dollars  vandalism if i'm not there in fact part of my fencing which i fenced in order to keep the deer out of the property so they wouldn't pick up my water lines and i came back one time and then the fence was gone so by not having people on the property i run into that situation and the people here are look i've been really sweet and loving and it has been the friendly island i notice of that sign was gone at the airport today what happened i love molokai so people as i hope you do the right thing but you you know sitting here the last ten minutes i think the issue should be switched to not giving out an application but arresting all these guys had been breaking the laws all these you might god i can't believe what's happening down there i mean has always been a sore point on this island because you know there were developing in an area that had no water that had no fire station that had it was always like somebody pushing this thing to the limit trying to get whoever wanted to live down there and whatever the land owners wanted to do to make money and now we reached a point where people now are beginning to see to realize that it's not enough just to live down there they've got to go and figure out how to make more money and  thank you mr really are there any other comments public comments would you step to the microphone thank you while simple as getting a copy of joining a landowner's map let me address the second part of my argument which is the first part the notification issue and who is entitle to notice who is considered an abiding property owner that's one issue the second issue has to do with the nature of the dwelling on this property and i disagree with the conclusion that miss lopez has reached which is that this dwelling was approved by the county for use as a short term rental it has not been there let the inspection letter that she is referring to  safety if the parent stayed electrical or plumbing issues with the property there's a big difference between having a five hundred forty square foot wehling with a seven hundred plus and a small carport and all it is this what we want to for a short term rental on the west end to be a property that's never been anybody's residence which is owned by absentee landlords which is being used solely for the purposes of maintaining property intelligence told and if you look at the attachments to my petition you'll see some of those advertisements that have been going out since twenty fourteen at least i've seen them since two thousand and fourteen so the nature of the dwelling is not one single family residential it is not so we're talking about earlier are heard earlier from mr williams talking about sewage issues a five hundred  forty square for dwelling i have no idea what's happening to based on now well their play on the six people max and that property traditionally that's what it's been advertised for it's also been used for major here and a certain number of tourists go to swim to surf to enjoy the day but it's ban you used as somebody as private backyard a place for the tenants to go and it's true mr green arrow says that this one lane building is not within the summit that's true but the property is and if you look at the two exhibit such attached to the memorandum you'll see exactly how that works where you go right out the front door and ask for the s m a area onto the beach you can't do overnight camping on the beach but you could do it before on the adjoining pro oh the one to the other thing was there farm plan i think so but you said that a farm plan is not required for there to be a farm dwelling is that true page two farm dwelling define a single family dwelling located and used in connection with farm or for egg to vittie provide income to the family occupying the dwelling page for the declarant that would be the prelude page four of exhibit signed with the county when the farm plan was submitted the declarant understands and acknowledges that failure to implement the farms i am may constitute a violation of chapter two or five or why revised statutes i will continue to read those are there in front of you item s page four declare it represents and covenants that the dwelling shall be a single family dwelling located on and used in connection with a farm and shall be a use that is accessory to the principal  news of agriculture and or agricultural conservation in accordance with farm plans eight it goes on and on it's something to read these are the common and some conditions signed by the prows filed with the and thirteen which represent that they have a farm and therefore they got a permit for a farm dwelling that dwelling was never a single family residential home it was never submitted if there was a submission by the paroles to the association and it was out scheme to build all sorts of things including a main house and a guest house but the main house and the guest house were never built the only thing that was built wasn't even in the design plans what was built was a garage carport with five hundred feet of space it's continues through the years to have been assessed  outbuilding basically one hundred twenty six thousand dollars valuation would we love that and represent that we have a fifteen hundred square foot home now that we can make money on it's a short term rental now let's go to the ish i must do you have any questions on that this application both for the land special land use application as well as the short term rantel application and of course we all know it's five hundred square foot radius from the proposed location which is number four on that man so who owns parcel number one abutting property molokai properties limited to and i don't know marshall if that makes a conflict or you're not all that the father let the commission decide that number three who owns that the pro number five who owns that the homotopy i don't think they've written a letter for a camp cavity none so that leaves parcel number parcel number two with one hundred twenty seven acre plus strip of land owned by fifty six owners of the property that adjoin it basically it's a section of land that goes the entire west side of the papa hockey subdivision and it's there for a purpose it's not there for our simple use and enjoyment as land owners it's fair to protect the coastline it's a conservation district in the general sub so i'm and the reason why every single person with an interest in that property should be able to weigh in and should have gotten notice of what was coming down today marshall i don't know if you know who that is have looked at it on the department of commerce website there's a person's name there's one officers twenty sheriffs i don't know who owns that corp when i sent them to different notices with return receipt requested i never got a return receipt and i sent it to two different addresses because there were two different addresses and file and i have no idea if that landowner was supposed to represent all those fifty six owners even knows or cares i asked staff even before simple asked the first question i asked molokai and i said why he said they play the taxes well my mortgage company pays my taxes out a reserve fund but they are not entitled to notice the quote says the notice has to go to the this is let me just point please yes let me just do one more thing and that is notify the commission about one thing that you may not know about and that is i know this whole question of a body in property owners and whose entitled to notice is come before the now a county council it was brought to them by mr william spams the director of the planning and this is what he said in his mammal the department has had numerous applications with adjacent locks that are away area as landscape but for lots of vacant remnant or roadway locks or similar we have been reviewing each case individually to determine if a lot adjacent to the nonresidential lots qualifies as an adjacent neighbor protest however the department would like um so all my county council to provide direction on this i can only guess that the councils told mr spen there any questions at this time from the commissioners yalla just like civil i think through your presentation i heard you but despite the record can you restate that we were correct in hearing that the applicant is in complete compliance with whatever discrepancy that she has been in in relation to any county permits colds approvals and so forth so the notice of public carry is correct i did send it out twice because of march twenty fifth two thousand and fifteen meeting got cancelled due to lack of quorum they had to send it out again which they sent it out april and then also to the issues with the dwelling and permitted as a single family dwelling and so forth yes so part of the exhibit that mr mrs crandall provided along with that unilateral agreement there was an approval on the farm dwelling just so that you guys are aware that he is owned agriculture so it's it's not it's the it's an allowable use if it's not a single dwelling it can be a farm dwelling because of the zoning that he has on that parcel any anything else that yes i just want to make clear so when you when the county specifies a single family dwelling is it just the type of house that is there or is there specific language in there that states that the family has to be living in the house for a certain amount of time you know the single family dwelling is regards to what district so it's zones specifically that but because he is on a district he's a and those people who do would have gotten notice i haven't met one yet of anything locos notification so i have all of the certified mail receipts for april thirteenth and april twenty first and i mean and then i have the list i just have to look in my file for her to her so it's pretty big is part of what we issued during the short term rental process which i showed you guys in the first  and who would be a budding and who would be a five hundred foot radius so the map that i showed you is where that they got it from if i need time to if you need it i would need time to look for the t m k a parcel that money specifically states a total of twenty eight so there's no fifty six owners as far as what the code sees it's those that are recorded with the government owners and this these and as far as the chapter goes if there are deemed any written protest they have to have one per property one one one per property so does that answer with the commissioners want to go into executive session ok we're going to discuss the petition to intervene  petitioner an owner of an adjacent lot or as stated by mr an arrow is just the section beach in front of her property and so if that's the case that she isn't within either an adjacent lot or within the five hundred foot radius and she has no greater interest than the general public so that's a question i think that we need to clarify for you  and that information should be provided by the petitioner if she has any proof to show you that she is an owner of an adjacent mine so that would be up to the petitioner to provide you with sufficient proof  then it is it appropriate for us to ask the petitioner you know have evidence or proof that you are an owner of then a decent l property but it doesn't rise to the level of ownership so it's not a ownership interest it's it's the right to use a person another person's property for a certain use by way of further clarification the ownership interest is separate from the easement interest the ownership interest free sample one fifty six interest in addition to that fee simple ownership interest that's in my materials two inches in addition to that you have special rights to use the section in front of your property  all of us because that's important to all of us as owners not easement aside i'm not talking about that part of it i'm talking about ownership part  she immediately affected by the matter before the authority that their interest in the proceeding from that of the general public shall be admitted as parties upon time the application for the intervention as being in compliance can for the record my name is laurie buchanan thank you all for always giving of you guys playing freely because i know you as the get paid for this after symbols presentation i don't know about everybody else but i was sitting in the back of the room going whoa you can see it out again so i'd like to get that copy of that president and it was well put together by the way thank you for that  but i would just like us the petitioner to go ahead and provide her reasons for the petition and also the reasons for that is the date of the filing at the reason for my petition i feel as you'll see that if allowed to proceed i didn't receive my notice of many in my mailbox until the day before i called the county to ask if i could intervene i is that the mailing to my p o box is fashion of the late but most of the time i don't have an issue and so that's why you don't really see me at every one of your readings but in this case where you setting precedent i think it's very important for you to really do your due diligence in any precedent setting case and i think i can share facts that would help this commission come was required to be mailed to those landowners then that takes her farther afield and she may only receive notice by the way any other member of the general public would receive notice either by publication or if you signed up for do you have any thing you'd like to say thing into this merit and she has demonstrated that she has property interest or is adjacent to within the five hundred foot and has no greater interest in the process than the general public and on that basis i move that we deny the application for intervention so are you are you and plenty of the information she shares with us on everything is people and very beneficial but based on corporation councils definition of being able to accept  and find good cause for which we allow her to intervene at this last minute and the untimely application of intervention and based on our county's i am a subsistent fisher person and hunter practitioner this property falls within under chapter two or five is on the chapter three forty three which this company said wasn't applicable it is ok i understand that binal think that's the issue the issue is that this is a pretty cut and dry what we get to do regardless of how we feel on the other hand there is reason to want to listen to what she has to say so that's why i'm asking if  want to make my strong friendships modded in team challenges night missions jungle tricks home leadership skills in paradise by your confidence by learning navy seal survival navigation skills how to hunt fish surf hunted nobody knows about molokai because the locals have fought off hundreds of land developers hotel chains groove boat a really anyone and everyone who has tried to ruin the last unspoiled why an island lobster diving fishing spear fishing overnight capping night hunts which is currently illegal with as well not at all really care jungle tricks hike rock climbing impacted do you want to intervene nobody i am the representative for it's a resource advisory council to the department of packet you say that there's no triggers for chapter three for three i just gave you one trigger for chapter three for three you on the shoreline you are under chapter two or five coastal zone management i sit on so by her saying that the county is compliant is wrong and will be one source of content the case should this should you go and apply and approve this permit  right now and i'm not trying to be sassy and i'm not trying to be mean i come from a place of passion as a practitioner as someone who loves this island like everybody sitting in this room love this island and we don't is to change there is no cap for molokai what does that tell you you're putting the cart before the horse if you're not camping if you're not kept being put in a cap on the permitting use which is by the way back to you guy he's going to go to the thief so you don't even have a chance to chime in again on the process i am a process person did i understand the black and white i not i i i've been told from the last feel all i saying is i do have the right as a community member born in reason this island fishing right outside the sea picking my kids over there all the time i do have a right to intervene i don't have to be a neighbor because guess what i poor i cannot afford one lie down with them why would a bought one the department of i was going to have to drag everybody to your own staff pages one through with all the maps and all exhibit at the first few pages and this might help you in your decision making process description of the project description of the property and goes on to page four or care on page four after number five at the top of the peach the county piney commission may impose impose such protective conditions and it goes on and on and on doesn't say it's going to come back to you care if i was you folks i would say you know what gonna come back to me for review if not if it doesn't come that there's no mention of that on  number six the subject application does not involve an action that sugar's compliance to chapter three four three wrong it does and if any event you can be united for this permit based on precautionary principle the same principle i used at the commission a lot of work in resources to intervene on to well permits for water the salinisation on the west end because your properties are going to have to deal with toxic the information used is thirty years outdated did anybody catch that and then use the information being used is thirty years outdated sorry any other public testimony at this time yes state your name please that's a mighty dana harris i get what she's saying this is going to start a precedent and she will be the first one and if you get passed then yes there'll be some other people coming through but this is the deal you guys with it will come to you so when the guy with the main camp comes up and says i want to get legal you know no we don't want to get legal because we don't want to do what he says he's going to be doing but this property is just used for like for people to just enjoy they're not here to do anything else so i just wanted to take that into consideration that when these other ones come about then each one can be taken separately thank you mister as or any other public testimony down it is a trick you know it's like we set up processes for community input and we got so many every time you want to do something you get asked a lawyer and a lot of this process don't really work but in the end what you're going to have is people are going to do what they're going to do and if the process doesn't work it doesn't work and i'm kind of amazed that this process where crooks can come in and they get treated like they're all good guys bonafide people come in and they nitpick and they and you can be part of the process but we all here because this guy they've been doing illegal activities and yet the process protects them is things going to really weird i don't understand this kind of process and i don't understand how we going to all communicate with the people represent us with all these legal jargon and you cannot do this you cannot do that and all of that and i guess if you're part of it it makes sense but if you're part of the community you cannot solve the problem so and yet we live on this island and we know we're going to solve this problem one way or the other so if you're forced to force your way interesting it's still not going to happen maybe some of us going to be criminals in the process along with the guys already criminals but this ain't going to happen because we're going to protect this island and if the process doesn't change where we're dealing one on one with each other and with depending on every single move with some lady who will train somewhere mr reddy what the petitioners have asked for is a higher level of participation in the process than the general public we have rules by which to judge them not to silence them but to stop frivolous i would not judge it but intervention into the process that binds this board we've been appointed we've been given responsibility and we're going to do our best to exercise that and we want to hear everything this is why we gave the ending of the chance all right not to shut her up but not to come in as an intervention which would give her a higher authority over this body we had to deal with that we're now we're listening to what the public input is on this issue and we will hear that and were you threatening us know sir we're trying to i was trying to with the process we're bound by law and we're trying to do this right so that there is no question down the road did we favor one group over another marshal that i just you please be patient with us we're go in any one that has a testified you may give public testimony at this time i believe sir you made your public testimony ok public public testimony is closed so now we're going to we're going to vote are i'm just really offended by the whole process i'm offended by what you said if you don't own land then the public has no interest i'm sorry well i may have missed  well i may have misinterpreted but whatever happens wherever it happens especially on the beach front it affects the public all of us and your i know what you're saying i  it open molokai rent goes and sell property who buy the property not we cannot afford it so people living on the beach effect although i go out on the beach it's not the state and i'm not saying i don't like the people but you have to realize that what you do down there affects us it's like we want to go the beaches were our beaches and there's hardly any place on this island that is our beach and it's not that we don't want to share but there are people who come that don't have the heart it maybe you have and the pain we  return so you might have a pure plan but what comes after you have no control over and that's what we're trying to protect because there are people out there who only see what they want to see and they have the means of doing whatever they want and so i want you to know sticks pensive i don't know why they even call it and if there's no common sense to this hope it's not and it shouldn't be honolulu or la i know it was beautiful just like you see those places so just my heart that you interesting to see all the people coming out here obviously this is you know very interesting topic here on molokai and i i was taken aback by being called names i don't i don't state that i feel that what we've done and will occur we have a very small house dixie's obviously it barely makes it as far as what you call a house but it's a special place and i have been down there many times and have enjoyed it i've kept the beach open for everybody down there and i don't i mean i understand the resistance here and i love and i wan told a special place in all of our hearts and if it's shameful that we have to point fingers and call each other names that hurts my pride and my  feeling my wife is here my friends and i i'm sorry that that that came out today that people feel that way but i just want to say that i'm sure that you people make a wise decision more love recommendation as far as chapter three four three why everybody statutes chapter two o five because it's a state land use agriculture this strict it is in compliance with the chapter two o five statues as far as it being a portion of the s m a are it's conclusionary that the request is that there's no change the there's no alteration there's no change there's no adverse impact in the short term at the home because the requirements stated in the beginning that for every part mated home on moral copy they cannot have more than three bedrooms so every one bedroom you can have only a  adult and max of two children so so it's not compromising what is already existing or it's not expanding expanding or it  change what it currently has so it's yes in regards to traditional uses like what mr perot said it is open to the community and what  what he did to the police and how he and how he carried takes and all of the challenges that he comes up with and all of the adverse aready impact that it impacted the applicant it already shows that it minimize the impact versus minimizes the adverse impact therefore there's no adverse impact being compliant with chapter tool five dash six and under the whole you buy statutes so the the regulation is under state land  special use permit which the applicant has been in compliance of but the operation is a short term rental which does not change anything what is its current lead doing meaning it is there not that like i said earlier on top of that it does that a precedent because it'll be the first permitted one on the west side of moral clarity and as you've already heard in the testimony is that there are any at right now as we speak people operating a legal will this is the regulatory action to help minimize or read deuce the illegal operations that is impacting more locally and helping them hear what mr powell is actually showing to be an advocate to help unpermitted you know it illegal operations to come into this place to help become to help them to be come into compliance with that what will that is what the molly colony called nine point six five point zero three zero allows this commission to help regulate that and before i put on my recommendation the recommendation is also open for discussion that the commission can add conditions to this project and the project that comes forth in front of you so little will read my recommendation as as far as the cultural part portion and the homework with islam under the the other in our i think the recommendation to that sense is we do have our community plan updated right now and i think that would be the most the area where it could be addressed that the homo can have some type of ruling policy or something in place where the community plan does take action in consideration with all of our traditional uses our access and our cultural and all of our practitioners so with that being said the conclusions of law recommendations that the mali planning county department recommends to them or look at a planning commission approval of the land use commission special permit subject to the following conditions that the laddies commission special use permit shall be valid until may thirty first two thousand and eighteen subject to extension by the my planning director upon a filed at least ninety days prior to its expiration the planning director me for the time extension request to the planning commission for review and approval and may require a public hearing on the time extension by the said land use commission special use permit a public hearing shall be held by the appropriate planning commission the third is regarding to the insurance and then surance liability the fourth is that the full compliance with all applicable government requirement shall be rendered that the applicant number five shall submit to the department two copies of a detailed report addressing its compliance with these conditions the compliance report shall be submitted to the department with the request for the time extension when the time extension is at hand number six that the applicant shall develop the property in substantial compliance with the representations made to the land use commission in up training this special use permit failure to so developed a property may result in the revoke a sion of the permit and number seven that the five cent shall remain implemented throughout the duration of this special use permit evidence of implementation shall be submitted as part of any requests for time extension and at any time the applicant is able to amend or modification modify the foreign plan during its existence so these are the conditions of this state special use permit that shall be enforced pursuant to section thirteenth two thousand and fifteen as a findings of fact conclusions of law and decision then order and all the rise the planning director to transmit the said with indecision and order of behalf of the more chi planning commission thank you thank you commission on how they would want to regulate the since this is such an emotional issue and a sensitive issue with our community where in the first condition it says the plan director sentients what if we were to say they will so that we have another opportunity for open forum and i'll also think to add on to that is not the planning director that that any extension should be reviewed by the most high planning commission commission for the record year omitting the planning director made for the time expansion and just going to put the planning commission will reveal will required to reveal yet so i guess the main point is just saying that  planning i would want that the planning director doesn't have responsibility or authority to decide whether or not something needs to be extended or not i think  it should be applied directly to the planning commission and that we have the opportunity to review it and approve it and that it will require a public hearing on the time  in so what i want if it comes before the commission maybe that's not even relevant to put in there but any time it's going to come before the planning commission the community does not have an opportunity to testify anyway right  having it as an agenda item the extension of a permit as an agenda item similar to the one that's later on in our agenda here it's not a public hearing although it's an agenda item a public hearing and then i also want to add in and maybe just clarify that that after a number states that the applicant shall develop the property in substantial compliance with the representations made to the land use commission  and so where it says number five the applicant shall submit to the department two copies of the detailed report addressing its complaints with these conditions can that be added  as part as information given to us as part of the extension review going back to item one who bears the cost of the public hearing the county ok so it's not the applicant so the increased cost is part of us doing business if there isn't public notice of public airing we're not going to get the input just put a few people this was part be the department or the applicant or would they have to specify that the applicant bears the cost for all the publication  call the public hearing of the department bear the expense that way again we're we're we're we're stepping in the new water here or opening a door did we make a mistake we want to know so yes we're going to go to a public hearing on the first review if there's a subsequent extensions or there's no problems maybe we just put it as an agenda item on our regular meeting but in th thing that would be brought to you at the time that the communication item is put on your agenda but it wouldn't involve it is quite an expense and a lot of work as i'm sure the applicant could tell you ok that is matter of procedure it would show up on the just the way it is i mean i will not be honest when i looking at my agenda sometimes it's so much stuff to read that i miss the communication items on here i'm not as abreast of the communication items on our agenda as we are with all the other public testimony stuff and people are getting less out of the loop whether by chance or you know faulty procedure or whatever it is and that's the cried it came out today and i think that we have the responsibility to try and address it this is the first one of its kind of we all know that that whole place is filled with the legal vacation rentals and soul are we going to requiring a public hearing may be more arduous than needs to have i think at that time three years time you'll have a lot more information and if you have it as a communication item you can always at that point enforcement so this wouldn't even be one concern to me if there was adequate in portsmouth the police department has its own facebook page to monitor drug deals that going on and and social media stuff so they can bust people in different things i mean it's it's really i know it would take more effort but there are advertising stuff going on in forstmann is  t we make all these decisions we pass or we deny is there somebody that holds these people accountable for what they promise to do and not to do and and saw that with my first and then the second would be addressing the idea that there needs to be a cap on vacation rentals on mulcahey and the no cap thing is scary so i think there are several different things that we have to address as a commission and and not we wait on the so i guess if it's the advice of a corporation counsel to that you know and you're right i mean that's right we do have other vacation rentals and they don't necessarily require so maybe the wording needs to be changed but i would for the record state that if we're going to proceed as we are that we address those two fundamental issues which is in forstmann and how i'm going to address those things and coming up with the cats f i can i can the department address that your concerns the current division is just basically permanent processing so we come before you to show you the projects that we have that's going to permit desist letters which one of them you heard and with that letter it specifically says what they're in violation of and if you read chapter nineteen point six five point zero six zero it's enforcement so it's and it has a detailed what the course meant is and how it's in forests we are looking to the department is looking towards for those that do not comply meaning come before you or go through the the permit process what they get already heard it from one testimony testifier is just it's just a matter that it's because it either don't see it or for example if they've been you're probably going to be seeing it further like i said there's been about twenty six to thirty one already served with cease and desist letters so they do have a time frame to work with the department to come into compliance so you'll be after this you will be seeing a few more just to let so we move except the department's recommendation with the amendment to condition one that planning commission receive the extension ironically i was sitting on the commission when mr dunbar first came with the first complaint vacation rental property on our island and it wasn't an easy task then and it's not one now it's a delicate balance between what we want to preserve as people who love this place and the emotional turmoil that we go through seeing changes and then a knowledge in that there is a need for certain things and that as we progress as human beings in a society that there is need to find change in order and different kinds of things that we need to do so i just think you guys we don't always make a perfect decision that satisfies everybody but i thank you for being respectful to us i think the commissioners for being respectful  richie thank you very much for your comments we appreciate it and thank you very much so ok we have a motion we have a second all those in favor of the motion raise your right hand all those opposed motion kerry thank you thank  i actually got a reassigned to me it was before i was for molokai planner benjamin stick but the fifteen years request is because he already had it for fifteen years so he had it since the year two thousand so we figured since he'd been in insurance and certificate and so the request is just for something that he's he's in continuance of and he's been operating for fifteen years i do have the applicant here at this time if you would want to say anything or if the commission would want to address him well she told me not she was pleased to the member when we just discussed the previous revealing extensions and we talked about compliance four thousand documents so is there any to because i could i think ask that question if we were it would come before us we would be able to see the review complaints review that there are compliant documents so the compliance report is already filed administratively so it that is what we go over so before it actually comes to the commission we have to make sure that they complied with the report so whether we got difference patches make sure that everything water and saw the last time i was testifying at this commission all i was trying to get across was the process not to circumvent the process by piecemeal an arbitrary permitting process permitting he said almost fifteen years guess what community plan never get updated so that's how come i said not take things personally for me you know coming and having to go against my my friends and my family because are what they are or what the project is i never want to give a very her permit because that circumvented the process by this community to evaluate if that special and i personally don't have an issue with that i just talking about process so going on from here just keep that in mind that the ability to review more often then no longer is what i would suggest they complain they respond and with d v r they respond pretty instantly so for us it's a matter of we've gone through this is the second o had no i haven't changed my position one bit but i think the whole idea of process is coming coming out i think that's probably the best thing we can all figure out how can we improve this process does have the right to recommend to the council to add more stringent rules regarding moral and short term rental and state land use permit so when it does come into ordinance or amended laws that it can be that that during the permit process where we go through that it can be adhered and address so as far as compliance that mr dunbar did comply with the conditions that was set forth with his permit we do as part of the art and it does have written review cation procedures so if at anytime you'd want to look at the rebbe cation procedures this is why mr dunbar is in compliance because he never number one never met any of river cation procedures that he has been in compliance that there was no written protest during the ten years that he was in operations and nothing within that  was brought to the attention of the department or in any artifices requests for services or that of such fill in in that i would like to do the recommendation to the molly in regards with the molly planning department recommends approval of this the land has come ition specialities permit time extension subject to the following conditions the basic standard conditions that was already placed on this permit with the extension to be from made thirty f twenty thirty so that will be valid until again i repeat may thirty first the year twenty's thirty's subject to extension by the planning director upon a time the requests for extended filed at ninety days prior to expiration so it is the first regular standard condition which that a condition was already amended previously so it would so that was the standard conditions base from one to eight so there's a total of eight and there's actually projects specific conditions from nine to fourteen that relates to specific in regards to hazards inherent hazards hazards of exploring or swimming in the fish pond that said notification shall be plainly posted inside of each unit said notification shall be viewed by the planning department as to the conformity with this condition and that in addition to naming the county amalia as additional insured as required in condition for the application will notify guests of the sensitive culture nature of the fish pond and that rocks or other items are not to be moved or removed said notification shall be plainly posted in sight of each of the unit said notification shall be reviewed by the planning department as to the conformity with this condition that the guests they will lose the guest list there a minimum of three days and a maximum of one hundred eighty days as said with the original condition in consideration of the foregoing the planning department recommends that the more chi planning commission adopt the planning department report i recommendation memorandum prepared for the may thirteenth twenty fifteen meeting as its finding of fact conclusion of law and and the two for specific things regarding the length of time extensions that can mandated by the community plan which we can follow rather than us putting in a time limit and then they decide that it shorter and then we come back and try to amend or but as i said because it took three years of ordinance of writing before the special use permit kicked in we are our time extension was now between thirty to fourteen years so by july fifth two thousand and fifteen i think will be pretty close to fourteen years that we've been operating and what really controls a vacation is a complaint of the people around you know if there is a if there is a fire issue or there is a parking issue if there is if you're holding the marriage ceremonies on your property i mean people and what people do is a measured response he's already demonstrated that he lives here he cares he's in the conditions that if the cells of the new person falls under a review it's a whole new set of rules this man has demonstrated that ten years is not too long and fifty years would be too long because he's going to operate his properties in a respectful and responsible manner i see no reason not to give him fifteen years he's asking for so simple that the department recommends the fifteen year extension that the department's recommendation yes that the five men and women and you concur with him that the reason for asking for the fifty years that it takes a lengthy process in the timeline and all of that and ran off and for what areas like what is the normal time extension for a vacation rental there's no there's no there's a does whatever it's up to the commission over those that extension carry over to the new owners or doesn't just end it changes nontransferable as part of the condition nontransferable attached to the property owner himself or attached to the property if it so so in some situation that's what i've seen where nontransferable applies to him it sail but not necessarily an inheritance so i wanted one clarification on whether or not and so i'm not trying to be rude but we all pass and fifteen years is a long time and i want to know all that is we're dealing with mr dunbar and you know i mean i mean if we and i serious i don't i don't have a problem with them i loved them then that family too to me too but one example just to keep in mind is like the last i've known since i was a little girl they're older and they're leaving their children have totally different morals and values a totally different direction so what we thought in the agreements that were made with family including harper and things like that are all up in a long time and a lot of things change in so conditioned three standard conditions it says it shall not be transferred without prior written approval from us we just want a more specific transferred by sale or inheritance are to the end of the surf shop and it goes all the back to eye candy to the dish did live in the judicial office so it's that whole property we looking at i know that the historically it was  owned by the owners father the father the sea she put it into probate for knowledge it's actually inherited she's taking up ownership and with that ownership comes the burden of compliance so going through this estimate which i kind of commend the applicant and the owner to come forward to try to deal with this on her own and as we know a call and where it stands there's a lot of kind of arms that you open but because the owner wanted to come to compliance this is incorporate the traditional elements of western plantation architecture to the extent packed practicable so this is the front view and the things that they want to do is concealment so they want to be in compliance with the country tom business district as well as estimated they want to do a lot of alterations internally they want to do the outside they want to put god or what it is we want to make it look as well how town would look with the enhancement material that is with the existing structure just looking at some areas that they want to like the had a cat would be right there they would change that put a wrap over there like the plumbing but take that out because that doesn't comply with the con the c d b regulations it will actually conceal all of that and put in more inside instead of external because it's right you're looking at our town finish and acquire the permit and follow in full compliance with other agencies regulations thank you thank you so because of the time limit i'm going to ask if there is any public talked about with management practices that the applicant will ensure the number three is that a professional archaeological monitor shall be present during all or any ground the severance activities the awning is there's no ground the starting activity because  straight up to the concrete that the project shall be initiated by may thirty first twenty seventeen and shall be completed within two years of the said initiation and that the full compliance with all other applicable government the requirement shall be rendered the existing deck all the permits were granted in the early in the ninety's but when my client bought in two thousand and five there was a roof there was a duck but a roof was out over it that was not in the  original permit he didn't know that he inherited it his aging mother came with him and he and filled an existing garage into a bedroom so you know at this point we're trying to make this home totally compliant and all up to code and all you know fines from you know this original inadvertent you know  permitting we're trying to get it all squared away and with this action we've got now we've applied for a permit we've got all the flood zone permits everything is you know being brought up to your standards here for public testimony so i will call for first of all any one of the commissioners have the questions saying then i will call for a motion