February 12, 2014 - Volume 30, Issue 12
The
Molokai Dispatch T h e i s l a n d ’s n e w s s o u r c e - w w w. t h e m o lo k a i d i s patc h . co m
Since 1985
Girls Paddling Gets $1000
By Jessican Ahles | Staff Writer
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By Jessica Ahles | Staff Writer
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rban development in Hawaii has left native butterflies with dwindling habitat, but on Molokai, butterflies will soon enjoy a buffet in downtown Kaunakakai. A specially-designed garden in front of the Molokai Public Library, created last week through volunteer community efforts, offers butterfly flower favorites, beauty for passersby and an agriculture education for keiki. “Just like bees, butterflies are important for agriculture because they’re pollinators and a lot of people don’t know that,” said U.S. Department of Agriculture Molokai inspector Chevy Levasa, who spearheaded the project in her free time. “There is a real problem on Oahu and… Maui because humans are building condos and taking over [butterflies’] habitat. Fortunately Molokai stays Molokai…this is an ideal place for them.” According to the Butterfly Society of Hawaii, there are 17 native Hawaiian butterfly species, and many admirers have noticed fewer butterflies
This Week’s
Dispatch
Photos by Jessica Ahles
overall in the last 50 years. Levasa said the plants she selected for Molokai’s garden could attract species such as the Long-Tailed Blue, the Monarch and others. Those plants include marigold, milkweed, rattlepod and crownflower to appeal to various butterfly species and promote their life cycles. Leaves will be eaten by the caterpillars, while the flowers will be enjoyed once the insects transform to butterflies. In the future, Levasa said the plants may be replaced with more native species. Construction of the butterflyshaped garden bed began two weeks ago and continued throughout the week until that Saturday morning, when keiki and volunteers enjoyed the last stage of the project -- planting seedlings. “It’s a great experience learning about which plants attracts the butterflies,” said Godfrey Akaka, volunteer and leader of Molokai Boy Scouts unit 47. “It’s always good to do service.” Saturday’s event began with a pule and oli written by DJ Pelekai as the first butterfly -- or pulelehua -- floated
over the area, christening the event. Everyone broke into small groups, each planting a separate flower species for each section of the garden. Live music softly played and children painted paper butterflies made by palm weaver Terry Hill. “I liked planting the plants and painting the [paper] butterflies!” said eight-year-old participant Mahealani Bright-Wilhelm. After planting, covering the surrounding area in damp newspaper then rock, the garden received its final touches of wooden houses painted by the Molokai Youth Center, which will further attract and provide a refuge for butterflies. The Molokai Arts Center has also agreed to provide ceramic tiles, painted by keiki, which will line the garden, according to Levasa. Over the course of the garden project, Levasa said more than 50 community members and 12 organizations including Ace Hardware, Pizza Café, Monsanto and Mycogen donated their time and resources. The event was also
Butterflies Continued pg. 2
he Molokai girls paddling crew traveled to the state championships two weeks ago, earning fifth place out of 16 crews. While they finished their season strong, they also came home with a little something extra -- a $1,000 award from the Oahu Canoe Racing Association (OHCRA). “The Molokai people are so gracious we felt it was time to give back,” said OHCRA President Luana Froiseth. OHCRA sponsors the Molokai Hoe canoe race held annually between Molokai and Oahu. This passed year marked their 62nd race. “We appreciate all the help they give to us, their support all these years and we just wanted to give something back.” The award was presented to Molokai High School (MHS) Athletic Director Hoku Haliniak during Friday’s coaches meeting on Oahu prior to the state race. She said the money will go towards the paddling program. “I got emotional… it showed people really cared,” said Haliniak. “It’s like hard work paid off for [the paddling team].” Coach Tania Kaholoaa said the money will get the team to all five races next season, and for some of the competitions, it may even cover airfare instead of having to ride the ferry. “If you get five teams [of other Molokai sports] on the boat, there aren’t enough seats and if the weather is rough, the trip can get cancelled,” said Kaholoaa. Kaholoaa said she’s proud of her team for overcoming bad weather conditions and tough competition this year at states and pushing themselves 100 percent. She thanks the team, assistant coaches and parent support for a great season.
Playing, Fundraising and Homecoming for MHS Athletics By Catherine Cluett | Editor-In-Chief
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Kicking Off the Scholarships
Pg. 2
Molokai Science Students Shine Pg. 12
olokai High boys basketball won the last game of their regular season over St. Anthony, as well as celebrated Farmer Homecoming last Friday. Closing the night at the Barn with a 44-40 score, the team also honored their two seniors, David Rapanot, and Likeke Schonely. The boys will play in the MIL championship this weekend. In an effort to boost homecoming attendance and raise money for the cash-short Molokai athletics department, stakes were raised for one lucky game attendee to win $10,000 by making a half-court shot. Shirley Rawlins of Rawlins Chevron and David Mikami of Molokai Drugs donated the money, and tickets for the drawing sold for $5. True to the odds, no one walked away with the prize money, and athletic director Hoku Haliniak said even with $10,000 resting on the basket, the event only drew a handful more fans than last year. With attendance in the 400s, it’s not what many alumni recall homecoming to be. “We remember the days when… you
Tiler Hernandez, age 9, shows her Farmers spirit. Photo by Laura Pilz.
Basketball seniors David Rapanot (left) and Likeke Schonely. Photo by Rick Schonely.
couldn’t even get into the gym because it was so full,” said ’87 alum Lori-Lei RawlinsCrivello. But some things don’t change, and graduates will always carry Molokai with them. “Have pride, give back, be proud of where you come from and never forget even though you graduate, you’re always part of the school,” Rawlins-Crivello advised students of Molokai High. Meanwhile, Molokai High’s $32,000 Downtown Athletic Club Hawaii presented athletic budget shortfall is garnering state- Molokai and Lanai athletic directors with a
MHS Continued pg. 2
$100,000 check following a Honolulu fundraiser last month. Photo courtesy Shara Enay Birbirsa.
Why I fly with Makani Kai Molokai resident Joan Florian says she switched to Makani Kai Air for the price and convenience, “I have a titanium knee and it sets off the scanner in the TSA line. That doesn’t happen at Makani Kai. Most of all, I like the attitude: they have very personalized service. The only time I don’t fly with Makani Kai is when I go to the mainland.”
(808) 834-1111 | MakaniKaiAir.com $50 fare, every flight, every day | Makani Kai Air | 130 Iolana Place | Honolulu, HI 96819
The
Molokai Dispatch
P.O. Box 482219 Kaunakakai, HI 96748
Joan Florian
Community News
The Molokai Dispatch • Feb 12, 2014 •
Kick-starting Scholarships Unattended Vehicle Causes Power Outage
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By Catherine Cluett | Editor-In-Chief
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he Financial Aid Kick-Off event last Friday brought “one-stop shopping” to connect Molokai high school and college students with resources to assist them in pursuing their education. More than 30 different organizations from on- and off-island were represented under one tent at University of Hawaii Maui College, Molokai, according to event organizer Nahiwa Naki, an educational specialist at the campus’ Educational Opportunity Center. “There are a lot of resources out there, and students just need to know where to look,” said Naki. “No matter what school you want to go to, it’s about the path to get there… and we want to get the most resources for our students.” In its second year, the event seeks to make information about scholarships, financial aid and community support services readily available for Molokai students. Uri Martos of the Hawaii Community Foundation, which offers scholarship programs, said neighbor islands can sometimes feel like “step children” when it comes to outreach opportunities. She added that events like Molokai’s Financial Aid Kick-Off afford people the ability to connect face-to-face and find out about the resources at their doorsteps. “You can find everything in one place… all the work is done for you,”
she said, adding that events like this are really important, especially for Molokai. Students in attendance agreed. “It’s a good opportunity to see what’s out there,” said Molokai High senior Kayla Galam, who said she’s looking for scholarships to attend college on Maui. The event not only supported those wanting to pursue high education, but also those looking to enter the workforce. Alu Like, for example, offers financial aid to help those in vocational majors, said Molokai’s Cammy Hamakua-Napoleon. “Our students don’t have the opportunity to go off-island [for these resources],” said Kick-Off co-organizer Kelley Dudoit. “I’ll keep doing [this event] as long as students take advantage and the community sees it as something of value.” She said the Financial Aid KickOff, funded by GEAR UP Hawaii -- a federal program that stands for Gaining Early Awareness and Readiness for Undergraduate Programs -- has received a good turn-out in its two years.
Ikehu Molokai Energy Project Update Ikehu Molokai News Release
the project. Some of these technologies will be located in the industrial Mahalo to the Molokai commu- area, away from Manila Camp. Some nity for your many expressions of of the alternatives do not require the support for the Ikehu Molokai project. use of the reservoirs. All of the alterThanks also for the many comments natives have pros and cons, but all of and feedback on the project. Among them aim for the same goals: rate reother things, we have heard concerns lief, self-sufficiency, and grid stability. about impacts on the Manila Camp Also, all of them are designed to keep neighborhood if the project is locat- the grid open for more rooftop solar ed there, visual and wildlife impacts systems, while stabilizing the voltage from possible wind turbines in the on the grid so that Maui Electric can west end, impacts on water from use allow net metering. of the reservoirs. The support and involvement of We have also heard that the basic the Molokai community is essential goalsBusiness of the project to the50success cards are very welcome $15 cards of the project. We will on Molokai. These goals include more community meetings $30 rate be having 100 cards relief, grid stability, island self-sufover one the time nextsetfew weeks, presenting $15 up fee ficiency, leaving plenty of room Passport Photos $20 for the alternative 2 pictures technologies and projmore rooftop solar, and energy$5emer- ect locations, asking for feedback on for additional pictures gencyCopies preparedness. Finally, we have whichBlack makes the most sense for the $.20 & White gone on record as saying that$.75 Ikehu Molokai Colorcommunity. Please watch Molokai is for Molokai only – $91 we will The Molokai well as our Subscriptions 12 MonthDispatch, First Classas USPS not interconnect to any cable $49 for ex- website ikehumolokai.com, 6 Month First Class USPSfor meetport. ing times and Email locations. Coming up $39 12 Month In response to these concerns, soon are meetings $20 6 Month Email with the homewe have gone back to the drawing steader groups on Feb. 14) and the You can bring in your own design or we can help build your business card. board and analyzed many alterna- Molokai Clean Energy Initiative on Display & Classified ads • Call for details or email 808.552.2781 • sales@themolokaidispatch.com tive technologies and locations for Feb. 18.
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P.O. Box 482219, Kaunakakai, Hawai`i 96748 Phone: (808) 552-2781 | Fax (808) 552-2334 w w w. T h e M o l o k a i D i s p a t c h . c o m
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Photos by Jessica Ahles
By Molokai Dispatch Staff
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esidents of Kaunakakai were left without power Friday night after an unoccupied truck crashed into a utility pole. The truck had been left in neutral on the hill near Molokai General Hospital, according to police. Shortly after 10 p.m., it careened backward, to-
MHS Continued From pg. 1 wide support. At a fundraiser event called Cheers for Molokai and Lanai High held by the Downtown Athletic Club Hawaii (DACH) on Jan. 29, guests were entertained and served local Molokai and Lanai delicacies, including Kanemitsu bread from a replica of the Kaunakakai hot bread window. Honolulu’s Merchant Street was closed for the sold-out party, which attracted statewide attendance. DACH President Scoot Simon pre-
taling the vehicle and toppling the pole. Witnesses said they heard a loud crash followed by a big flash of light. No injuries were reported. About 500 residents were without electricity for approximately an hour, and the utility pole was replaced the following day, according to Maui Electric.
sented Haliniak and Lanai Athletics Director Roderick Sumagit with a ceremonial $100,000 check at the event. Simon said they are still receiving donations and tallying the grand total, which will exceed the check’s amount. “[DACH] was truly moved by the dedication shown by student-athletes, coaches and administrators at Molokai and Lanai high schools year after year despite incredibly difficult travel and forced sacrifices,” said Simon. “We wanted to help with immediate budget shortfalls and raise statewide awareness toward a longer-term solution.”
HA L E MA HAO L U
Home Pumehana HOUSING APPLICATIONS for the 84-unit elderly Section 8 rental housing complex located at 290 Kolapa Place, Kaunakakai, Molokai, are available at all Hale Mahaolu site offices, 8:00 a.m.-12:00 p.m., Monday thru Friday.
MINIMUM REQUIREMENTS AT TIME OF APPLICATION: 1. Age: At least 62 years old 2. HUD income Limits: One Person: $47,600 Two Persons: $54,400 3. Capable of achieving an independent living status.
FOR MORE INFORMATION CALL 553-5788 (Molokai)
HALE MAHAOLU IS A PRIVATE, NON-PROFIT CORPORATION
Youth & Education MHS Scoreboard Girls Basketball State Championship @ Oahu 2/8
Boys Basketball @ Barn 2/7 Molokai 44, St Anthony 40
Molokai places fourth: Molokai 41, Kapaa 35 Honokaa 54, Molokai 21 Hawaii Baptist 43, Molokai 27
Wrestling MIL Dual-Meet Tournament @ Wailuku 2/8 Girls: Molokai 35, Lahainaluna 25 Molokai 48, Baldwin 18
Boys: Molokai 9, Lahainaluna 56 Molokai 36, Maui High 18
Denise’s island Fashion
VAleNTiNe sPeciAls! 25% off Men’s aloha shirts 30% off Hawaiian t-shirts Open til 2pm Dec 24 closed dec 25 & JAN 1 Open Mon to Fri 10:30 am - 4 pm Kualapu’u Center |567-9137
BAKERY OPENS 5:30 AM
KANEMITSU BAKERY
HOT BREAD HOURS: Weekdays: 8 - 11 pm | Weekend: 8 pm - 12 am On Hotel Lane alley, Kaunakakai
RESTAURANT HOURS:
The Molokai Dispatch • Feb 12, 2014 •
Molokai Swimmers Headed for States
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By Catherine Cluett | Editor-In-Chief lay time at the MIL meet was 1:38.82,
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ix Molokai swimmers are headed to the state competition this weekend on Hawaii Island to culminate a season of dedication and records. “This is the best year since I’ve been coaching for four years,” said coach Jessie Ford. “We’re building on our successes and we want to build the momentum.” The swimmers will be racing in two boys relay events, the 200 yard medley and the 200 freestyle. Medley competitors are Luke Kikugawa, Caulin Nelson, Nui Helm and Michaiah Soares, while Keao Ross and Conan Kawano will make up the freestyle team along with Helm and Soares, who are competing in both races. Both teams got state consideration times in the Maui Interscholastic League (MIL) championship races two weeks ago, and are in the top 24 in the state, said Ford. Last year Molokai swimmers also competed at the state level, for the first time in 10 years, according to Ford. This was also a season of breaking school records, said former Molokai swim coach Lloyd Yonemura. The Molokai Men’s 200 Yard Freestyle Re-
which broke the previous Molokai High School record of 1:39.57, set in 1997 by Michael Manglicmot, Lenn Yonemura, Steven (Keola) Stone, and Jonathan Joao, according to Yonemura. Additionally, Helm’s time of :59.33 in the 100 yard butterfly at the MIL championship finals this year broke the previous school record of :59.64 for the event set by Michael Manglicmot in 1997. Despite the season’s strong showing, the team’s hard work is not over yet. Because of Molokai athletic budget shortfalls, the athletes needs to raise their own money to attend this year ’s state competition, and Ford said they are asking for support from the community. With accommodations on Hawaii Island already donated, the six swimmers need $2,500 to make the trip. “The kids have worked really hard this year… they even did double practices over Christmas break,” said Ford. “They really deserve this.” To make a contribution, contact Ford at jesserinford@gmail.com or visit the team at the Kaunakakai pool from 3 to 4:30 p.m. this week.
7 am - 1 pm (CLOSED TUES)
VALENTINE’S DINNER
15% off dinner for your sweetheart PRIME RIB, CRAB LEGS with Mash or Rice - $35
OR
SHRIMP ALFREDO with Garlic Bread - $28
FOR YOUR KEIKI: Chicken in a Boat - $10.95 All dinners include soup and salad bar, dessert bar, ice tea, hot tea, hot coffee BYOB
ENTERTAINMENT AND DANCING Music by Addie
KHM International
Kamiloloa/One Ali`i Homestead
Community Work Day!
Ka Honua Momona invites you to a Community Work Day at Kalokoeli Fishpond
Saturday, February 15 Time: 9 am - Noon We will be focusing on Gorilla Ogo removal at Kalokoeli Fishpond. Poluck lunch to follow, Meet at Ali`i Fishpond 8:45 am
Students Raise Funds for College Tour By Jessica Ahles | Staff Writer
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ineteen of Molokai High School’s (MHS) students have made lofty goals, setting their sights on some the country’s top universities. In a collaborative effort with their parents and educators to form the Molokai College Career Tour Club (MCCTC), they are working to raise $65,000 for a week-long college tour later this year and prepare for postgraduation success. “Our commitment is to our students throughout their high school career,” said Ric Ornellas, co-advisor of MCCTC. “We are committed that by the time they graduate, they are on their way to achieving their career goals, and part of that is preparing them to enter one of the most competitive education institutions in the world.” To aid in their efforts, MCCTC is hosting a Valentine-themed event for couples and families this Friday evening. The event includes dinner and a concert from legendary Hawaiian singer and slack-key guitar player Keola Beamer, who is donating his time for the fundraiser. The night will also feature a silent auction and live student performances, all for $50 a seat or $75 for a VIP table. “I love Molokai,” said Beamer, who has hosted a music camp on the island in past years. “I really haven’t had the chance to get there in a while and of course it’s a great cause.” Ornellas said MCCTC was developed last year in response to the Department of Education’s statewide initiative focusing on college-and-career-ready students. After seeing the success of MHS alumni and current Harvard student Michael Kikukawa, students are raising the bar and considering other Ivy League schools, Ornellas said. “One of the dorm advisors from Yale [University] actually came a few weeks ago and talked to us,” said MHS freshman and MCCTC member Edwin Greenleaf. “He really motivated us.”
butterflies Continued From pg. 1
We are now requesting 1 month advance notice for visiting classes/community groups. Ka Honua Momona’s mission is to be a model of sustainability mauka a makai (from the mountains to the sea) and we believe Molokai can again return to abundance. We accomplish our mission by developing indigenous education systems by revitalizing natural and cultural resources, perpetuating traditional knowledge and stewardship and evolving with modern technology, which we believe will result in a self sufficient model for all nations.
For more information please contact KHM at (808)553-8353 khmintern@gmail.com Office Hours: Mon - Fri, 8:30 am - 1pm
a kick-start for Levasa’s Aggie Girls, a group of women working in state and government agriculture jobs who wish to give back to their communities. “Pollinators… like butterflies and bees are so important, especially from my aspect of farming,” said volunteer Jamie Ronzello, owner of Barking Deer Farm. “So when Chevy came to me [for help]…I thought, ‘what idea could possibly be better than to get kids involved in understanding the importance of pollinators in our community?’” Levasa said she’s always felt an affinity towards butterflies, but after becoming a member of the Butterfly Society of Hawaii and taking a tour of the
To meet their interest, MCCTC members are organizing a trip to visit five colleges in October. In one week, these students will tour Columbia University, Barnard College, New York University, and Yale. “This experience is opening many doors for me,” said Greenleaf, who aspires to be a surgeon. “I’ll see what they provide for medical and it’s giving me a chance to see how I can prepare myself physically and mentally [for college].” The students will also get the opportunity to explore the programs available, speak with current university students, and even sit in on a lecture. “We’re going to dorm with [students] and go to classes with them,” said sophomore Hi`ilani Mollena. “So it’ll give me the experience to prepare myself for college.” To get there, Ornellas said MCCTC has been working to raise enough funds in order to make this trip possible. Previous fundraisers included concession plates at the Mr. and Mrs. Green and White pageant as well as Teacher’s Institute Day. “All the teachers came out to the high school and we had notebooks, pens, notepads and snacks for sale,” said Mollena. “It was hard work, especially making some of the food from scratch.” This Friday, Ornellas said the club hopes raise $17,000 in ticket sales, donations and silent auction items. He said the students have been working especially hard to make the night successful and special for everyone. “Education is really important in the world,” said Beamer. “When you have a trip like this that you’re working towards, it’s a wonderful goal because when you travel, it’s an enriching experience. It’s giving you a better outlook on the world and on life.” To purchase a ticket, visit mcctc. weebly.com or contact MCCTC co-advisor Diane Mokuau at 567-6950 for more information.
butterfly garden at Oahu’s Foster Botanical Garden, she was inspired to make one for the Molokai community. “I wanted something to be sustainable, not just a one-time planting,” said Levasa. “I wanted it to be a communitybased garden that can be used for education and different projects as it gets older.” In the future, Levasa said she visualizes building connections between groups such as the Molokai Youth Center, Friends of the Library and the Molokai Boy Scouts, and allow them to decide how they want their garden to flourish. But until then, she said she’ll continue taking care of the garden until she can “pass the torch.” “To everybody involved, thank you so much because it couldn’t have happened without you,” said Levasa. “It’s not mine, it’s Molokai’s.”
The Molokai Dispatch • Feb 12, 2014 •
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A friendly neighborhood face Located in Kaunakakai, the friendly staff of Kamehameha Schools Moloka‘i Resource Center are here for you. • Receive assistance with applications • Navigate the financial aid and scholarship process • Receive personal one-on-one attention • Meet with our local, community-based staff
To set up an appointment or for more information, contact us! 612 Maunaloa Highway, Bldg. A • Kalama‘ula, Hawai‘i 96748 • Phone: 553-3673 Open Mon. – Fri., 7:30 a.m. – 4:15 p.m. - iwi Complex Located at the Ku- lana ‘O Frances “Maka” Cobb-Adams, KSRC – Moloka‘i Manager • frcobbad@ksbe.edu
Kamehameha Schools 2014 KSRC Brand Ambassador – Molokai Molokai Dispatch 4-color 1/2 page horizontal
easy access to more affordable health insurance. Whether you’re an individual or a family, the Hawai‘i Health Connector has a team of trained and certified partners to help you compare quality health insurance plans from different companies, so you can choose the one that’s right for you.
MAKE AN APPOINTMENT TODAY HawaiiHealthConnector.com/MauiCounty | 877-628-5076 Hurry, open enrollment ends on March 31st. Enroll at one of our community events:
Or contact one of our community partners directly:
February 6, 10:00a - 4:00p Grace Episcopal Church
Kanoelani Davis Hawai‘i Health Connector Program Specialist (808) 348-4474
February 8 & 9, 10:00a - 4:00p Kalaniana‘ole Hall
February 7, 10:00a - 4:00p Home Pumehana
Moloka‘i Community Health Center 30 Oki Place Kaunakakai, HI 96748 (808) 553-5038
Na- Puʻuwai, Inc. 604 Maunaloa Highway Kaunakakai, HI 96748 (808) 560-3653
The Molokai Dispatch • Feb 12, 2014 •
NOW THERE’S A WHOLE NEW WAY TO FLY TO O‘AHU. Modern fleet. On-time service. Seamless connections to the Hawaiian Airlines network. Tickets on sale now. Starting from $59 one-way.* To book tickets, visit HawaiianAirlines.com/Ohana or call toll-free 1-800-367-5320.
Booking Date: February 11 to 17
Travel Date: March 11 to April 17
*Operated by Empire Airlines doing business as ‘Ohana by Hawaiian. Prices apply to non-stop, one-way flights between Honolulu and Moloka‘i or Honolulu and La¯na‘i. Tickets must be purchased between 2/11-2/17/2014. Moloka‘i fares valid for travel between 3/11-4/17/2014. La¯na‘i fares valid for travel between 3/18-4/17/2014. Fares are subject to availability. Fares shown includes taxes and fees. Tickets booked through Hawaiian Airlines Reservations Center subject to $25 per person booking fee. Other restrictions and baggage charges and size restrictions may apply. See HawaiianAirlines.com for details.
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The Molokai Dispatch • Feb 12, 2014 •
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PH 808-553-3666, 1-800-600-4158, Fax 808-553-3867 Web site: www.friendlyislerealty.com Email: fir@wave.hicv.net
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MOLOKAI BEACH SUBDIVISION LOTS Lot 7 with 10,411 sq.ft. Enjoys direct connection to beach is asking only $129,000. Also highway lot 10 with 8,660 sq.ft. asking only $75,000. Please call office for more information.
MAUNALOA QUALITY HOME Three bedroom 2 bath lovely home with two car garage on 6,569 sq.ft. You’re sure to enjoy this well built home. Offered at $364,900. For information please call Susan Savage RB 658-0648
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WAIALUA OCEAN VIEW HOME Custom designed large 1 bedroom 1 bath home plus extra space under the house. You will appreciate this spacious home on 22,520 sq. ft. of land. $799,000. Call Kui Lester RA 658-0134
EXCEPTIONAL OCEANFRONT ESTATE Spacious 4 bedroom 4 bath home with guest house on over 5 acres. Enter gated entrance into this beautiful estate. Enjoy pool & sunset views from extra large covered porch. Offered at $3,500,000. For your appointment please call Pearl Hodgins RA 808-336-0378 MOLOKAI SHORES OCEANFRONT C-230 Upgraded one bedroom condo. View islands across the Ocean and sunset views from your lanai. Tropical grounds with gated pool and barbecue area. $125,000 fee simple.
KEPUHI RESORT COTTAGE 3-A Very nice fully equipped one bedroom condo sold with furniture. Enjoy relaxing sunset views from your lanai. Just steps to oceanfront pool and beach. Offered at $399,995. Please call Pearl Hodgins RA at 808-336 0378.
vaCation and long term rentals We have a large selection of oceanfront and ocean view condos, also long term home rentals available Call 808-553-3666, 800-600-4158
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Mo`omomi
Phallic Rock Kalaupapa Trail/Lookout
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hO`OLEHUA hOMESTEADS 460
west end beaches
470
Halawa Valley Pu`u o Hoku
kALAE Ironwoods Golf Course
• kUALAPU`U tOWN Kamakou Ko`olau
Ho`olehua Airport
• Maunaloa Town Molokai Ranch The Lodge
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Manae Wavecrest
450 kAUNAKAKAI Molokai Shores hARBOR Hotel Molokai Hale O Lono Harbor
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Church Services Topside Molokai UCC Churches Kahu Napua Burke | 553-3823 | Waialua - 11:00am Kalaiakamanu Hou - 9:30am | Ho`olehua - 8 am Kalua`aha - 12:30am (4th Sunday, only)
Seventh-day Adventist Church Pastor Robin Saban | 808-553-5235 | 1400 Maunaloa Hwy, Kaunakakai, HI | 9:15 am Adult and Children Sabbath School | 11:00 am Worship Service
Saint Damien Catholic Parish Father William Petrie | 553-5220 St. Damien, Kaunakakai , 6 pm Sat, 9 am Sun; Our Lady of Seven Sorrows, Kalua’aha, 7 am Sun; St. Vincent Ferrer, Maunaloa, 11 am Sun; St. Joseph, Kamalo, No weekly services
First Assembly of God King’s Chapel Kahu Robert Sahagun | 553-5540, Cell: 646-1140 Maunaloa, Sunday 9 am, Kaunakakai, Sunday 10:30 am, Sunday Evening 6 pm, Tuesday Evening 6:30, Mana’e, Sunday 6 pm
Kaunakakai Baptist Church Pastor Mike Inouye | 553-5671 | 135 KAM V HWY Kaunakakai | 9 am adult Sunday school | Worship service 10:15 am Heart of Aloha Church 1st Sunday - Kilohana Community Ctr 10:30 am | 2nd Sunday - Maunaloa Community Ctr 10:30 am| Other Sundays - Lanikeha Community Ctr 10:30 am Pastor Cameron Hiro, website: heartofaloha.org phone: 808-658-0433 Polynesian Baptist Church Pastor Rev. Bob Winters | 552-0258 South of Elementary School, Maunaloa Town Sunday School & Adult Worship Service,10 am, Sunday
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Molokai Princess Molokai-Maui Daily Ferry schedule Kaunakakai to Lahaina Lahaina to Kaunakakai DePArTure ArrIvAl 5:15 A.M. 7:00 A.M. 4:00 P.M. 5:30 P.M.
DePArTure 7:15 A.M. 6:00 P.M.
ArrIvAl 8:45 A.M. 7:30 P.M.
sundays nO morning runs to or from lahaina
Effective June 1, 2011 the Molokai Ferry price increased due to mandated fuel charge changes.
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Adult: $67.84, Child: $33.92 book of six: $ 313.76 Monthly fuel charge rates may vary and are subject to change.
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Grace Episcopal Church 567-6420 | 2210 Farrington Ave | 10 am Sun | All are welcome Baha’i Faith Open house every third Sunday of the month Mile 14 east | 3pm | Discussion and refreshments | All are welcome | For information: 558-8432 or 213-5721 Email: bahaimolokai@yahoo.com | www.bahai.org Molokai Shekinah Glory Church Pu’ukapele Avenue, Hoolehua (drive all the way down) 10:00 AM Worship Service Senior Pastor Isaac Gloor ,Pastor Brandon Joao “We Welcome All”
To add or update information for your church, email Editor@TheMolokaiDispatch.com Support faith on Molokai - sponsor this listing today for $150/mo. Call 808-552-2781 today.
Moloka’i Porta Potties • Portable toilet rental • Grease trap • Cesspool & septic pumping Brent Davis - 553-9819
W.A. Quality Masonry • Concrete • Block • Rock
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Art from our local artist showing new work each week Molokai Pottery Artists, Wood Artists, Fabric Artists
Glass Etched work by Kamakana Glass, Kapa Fiber Paintings Kapa Cards (signed free), Basketry, Jewelry makers including Shell, Coral, Dichroic, Pewter and Hand Made Beads
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553-3448
The Molokai Dispatch • Feb 12, 2014 •
7
NOTICE OF PUBLIC HEARING MOLOKAI PLANNING COMMISSION The Molokai Planning Commission for the County of Maui hereby gives notice that it will conduct a hearing on March 12, 2014 commencing at 12:00 p.m., or as soon thereafter as is practicable in the Department of Accounting and General Services (DAGS) Conference Room, State Building, 45 Makaena Street Phase I, Kaunakakai, Molokai on the following: DEPARTMENT OF PLANNING Repeal of Chapter 3 of Title MC-12 and Adoption of Chapter 303, MC-12 SUMMARY 1. Chapter 3 of Title MC-12, entitled "Rules Relating to Special Uses in State Agricultural and Rural Districts", is hereby repealed. 2. Chapter 303 of Title MC-12, entitled "Rules Relating to Special Uses in State Agricultural and Rural Districts", is hereby adopted to read as follows: TITLE MC-12 DEPARTMENT OF PLANNING SUBTITLE 03 MOLOKAI PLANNING COMMISSION CHAPTER 303 RULES RELATING TO SPECIAL USES IN STATE AGRICULTURAL AND RURAL DISTRICTS Subchapter 1 General Provisions §12-303-1 Jurisdiction §12-303-2 Applicability §12-303-3 Definitions §12-303-4 Application; contents §12-303-5 Application; acceptance and review Subchapter 2 Guidelines §12-303-6 Evaluation guidelines §12-303-7 Performance guidelines Subchapter 3 Procedures §12-303-8 Decision and order §12-303-9 Notice of hearing; review of decision §12-303-10 Appeal SUBCHAPTER 1 GENERAL PROVISIONS §12-303-1 Jurisdiction. These rules govern special use permit procedures for agricultural and rural districts before the authority as authorized by chapter 205, HRS, as amended. The authority shall have jurisdiction over special use permits for parcels of land not more than fifteen acres in area, in accordance with chapter 205, HRS, and Section 8-8.4(2), Revised Charter of the County of Maui (1983), as amended. Special permits for parcels of land greater than fifteen acres in area shall be subject to approval by the land use commission. [Eff ] (Auth: HRS §205-6) (Imp: §HRS 91-2) §12-303-2 Applicability. (a) Any person desiring to conduct certain unusual and reasonable uses within state agricultural and rural districts in areas within the jurisdiction of the authority other than those permitted by law shall apply to the authority for a special permit. (b) Unless otherwise expressly permitted in chapter 205, HRS, any commercial use, public use or facility, public utility facilities, or quasi-public use and facility on lands in the state agricultural or rural districts shall be subject to the requirements, procedures, and guidelines herein. [Eff ] (Auth: HRS §205-6) (Imp: HRS §91-2) §12-303-3 Definitions. Unless it is plainly evident from the context that a different meaning is intended, words and phrases used herein are defined as follows: "Accessory use" means a use which is conducted on the same lot as the principal use to which it is related whether located in the same building or in an accessory building or structure, or as an accessory use of land, or which is conducted on a contiguous lot whether the same is owned in fee simple or leased by the person(s) engaging in the principal use and is clearly incidental to and/or customarily found in connection with the principal use. "Authority" means the Molokai planning com-
mission. "Commercial use" means any activity or business for profit and available to the general public including, but not limited to, the growing, processing, manufacturing, or distribution of products; the rendering of professional, technical or other services; the retail sale or wholesaling of any goods or products; the mining and processing of natural resource materials, commercial riding stables; and commercial open area recreational uses. "Department" means the department of planning, County of Maui. "Director" means the planning director of the County of Maui, or the director's designated representative. "HRS" means Hawaii Revised Statutes. "Person" means any individual, partnership, corporation, or other legal entity, including government agencies. "Principal use" means the primary or predominant use of any lot. If more than one lawful use exists on any property, they all shall be considered principal uses for the purpose of evaluating accessory uses. "Public use and facility” means a use conducted by or a facility or structure owned or managed by the federal government, the State of Hawaii, or the County of Maui. "Public utility" means a closely regulated private enterprise with an exclusive franchise for providing a public service. "Public utility facilities" includes telephone, electric, and cable television lines; poles; equipment, and structures; water or gas pipes, mains, valves, or structures; sewer pipes, valves, or structures; pumping stations; telephone exchanges and repeater stations; and all other facilities, equipment, and structures necessary for conducting a service by a government or a public utility. "Quasi-public use and facility" means a use conducted by or a facility or structure owned or operated by a nonprofit, religious, or eleemosynary institution. "Rural use" means any use which is permitted by the provisions of sections 205-2 and 205-5, HRS, as amended. (b) To the extent that any of these definitions conflict with definitions relating to zoning in the Maui County Code, the definitions contained within the Maui County Code, as amended, shall apply. [Eff ] (Auth: HRS §205-6) (Imp: HRS §91-2) §12-303-4 Application; contents. The application, in addition to the requirements outlined in the Rules of Practice and Procedure for the Molokai Planning Commission, shall include the following: (1) A non-refundable filing and processing fee as set forth in the County budget. (2) Identification of the applicant and documentation of ownership or authorization by the owners of land on which the proposed action is to occur. (3) Tax map key and acreage of the land on which the proposed action is to occur. (4) A scaled plot plan of the land upon which the proposed action is to occur. (5) A written description of the proposed action, including, but not limited to, the use, length, width, height, depth, and materials to be used in the proposed action. (6) A plan designating the location of the proposed action on the land. Any existing and proposed structures shall be shown by a dimensioned floor plan, sections, elevations, and other physical features. (7) State land use district boundary description, community plan designation, County zoning designation, if any, and any other special designation. (8) A description of the existing use of the property.
(9) A written assessment of the proposed action, in accordance with subchapter 2. (10) Any additional information which may be required by the department of planning to properly process the application. [Eff ] (Auth: HRS §205-6) (Imp: HRS §91-2) §12-303-5 Application; acceptance and review. (a) The applicant shall provide copies of the application as provided in the Rules of Practice and Procedure for the Molokai Planning Commission. The department of planning shall review the application for completeness and may refuse to accept or process any application which is incomplete. (b) Upon a determination of completeness by the department of planning, the application shall be scheduled for hearing and action by the authority as soon as practicable. [Eff ] (Auth: HRS §205-6) (Imp: HRS §91-2) SUBCHAPTER 2 GUIDELINES §12-303-6 Evaluation guidelines. In reviewing a special use permit application, the following guidelines are applicable in determining an "unusual and reasonable" use in the State agricultural and rural districts: (a) The use shall not be contrary to the objectives sought to be accomplished by chapters 205 and 205A, HRS, as amended, and the rules of the State land use commission. (1) The use shall not be contrary to the objectives of chapter 205, HRS, which are to preserve, protect, and encourage the development and preservation of lands in the State for those uses to which they are best suited in the interest of public health and welfare of the people of the State of Hawaii. (2) If applicable, the use shall not be contrary to the objectives, policies, and guidelines of the Coastal Zone Management Act, pursuant to chapter 205A, HRS, and the Special Management Area Rules and Regulations for the Molokai Planning Commission and the general plan, including the Molokai community plan. (b) The desired use would not have an unreasonable adverse affect on surrounding property. (c) The use would not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, and school improvements, and police and fire protection. (d) Unusual conditions, trends, and needs, have arisen since the district boundaries and rules were established. In evaluating the conditions, trends, and needs, the following aspects shall be considered, if applicable: (1) The proximity of the use to other properties which are zoned to allow the use in the community plan district; (2) The availability of other properties which are zoned to allow the use in the community plan district as demonstrated by the applicant; (3) The proximity of the use to other properties with comparable uses in the community plan district; (4) The market or public demand for the use as demonstrated by the applicant; (5) The suitability of the site for the intended use; (6) The economic and/or social benefits of the use to the community; and (7) The economic feasibility of the use or project as demonstrated by the applicant. (e) The land upon which the proposed use is sought is unsuited for the uses permitted within the district. [Eff ] (Auth: HRS §205-6) (Imp: HRS §91-2) §12-303-7 Performance guidelines. All special permits in the State agricultural and rural districts shall be subject to the following performance guidelines unless otherwise modified or deleted for good cause by the authority: (1) Final architectural, landscape architectural,
and signage plans and exterior color scheme shall be subject to review and approval by the director, prior to the submittal of a building or grading permit or commencement of the use or operation; (2) A time limit shall be placed on special permits for a limited term. The applicant shall be responsible to apply for any time extensions at least sixty days prior to the expiration date of the special use permit. A compliance report shall accompany any request for a time extension. If a timely request for time extension is filed, the applicant may continue its use as permitted by the original special use permit until the authority takes action on the time extension request; (3) A special use permit shall be valid only for the use(s) as approved; (4) A special use permit shall not be transferred without the prior written approval of the authority; (5) The use(s) or structure(s) allowable by a special use permit shall not be expanded or increased in size or area or changed to another special use, unless authorized in the permit; (6) The special use will be subject to periodic inspections by the department of planning or other federal, state, or county agencies for compliance with the terms and conditions of the special use permit; (7) The project shall conform to the requirements of other federal, state, and county statutes, ordinances, rules, and regulations or codes, including the general plan and Molokai community plan; (8) The use may be subject to other terms and conditions, as determined to be necessary by the authority; (9) In the event any historic, archaeological, or cultural sites, remains, artifacts, or resources are discovered during project construction, work shall stop and the state historic office, department of land and natural resources, and the department of planning of the County of Maui shall be duly notified to advise appropriate action; and (10) Hold harmless clause. [Eff ] (Auth: HRS §205-6) (Imp: HRS §91-2) SUBCHAPTER 3 PROCEDURES §12-303-8 Decision and order. (a) The authority shall have the sole power to approve or deny applications for special use permits for applications involving lands fifteen acres or less or as otherwise authorized by chapter 205, HRS. (b) All final decisions and orders should be issued in writing within sixty calendar days after the final vote of the authority, unless otherwise extended by vote of the authority for an additional fifteen days. (c) The authority shall consider the evaluation guidelines herein in reaching its decision. (d) The authority may place reasonable terms, conditions, and time stipulations upon such permit in accordance with the provisions herein. [Eff ] (Auth: HRS §205-6) (Imp: HRS §91-2) §12-303-9 Notice of hearing; review of decision. (a) The department of planning shall notify the land use commission and such persons and agencies who have requested notice of same of the time and place of the hearing. (b) For requests involving land areas greater than fifteen acres, a copy of the decision and a complete record of the proceedings before the authority shall be transmitted to the land use commission within sixty days after the decision is rendered. [Eff ] (Auth: HRS §205-6) (Imp: HRS §91-2) §12-303-10 Appeal. A decision of the authority regarding the permit shall be appealable to the circuit court of the circuit in which the land is situated pursuant to section 91-14, HRS. [Eff ] (Auth: HRS §205-6) (Imp: HRS §91-2)
The subject public hearing will be conducted in accordance with the Hawaii Revised Statutes, the Maui County Code, and the Rules of the Molokai Planning Commission. A copy of the proposed rules are on file at the Maui County Department of Planning, One Main Plaza, 2200 Main Street, Suite 315, Wailuku, Maui; the Office of the County Administrator, Mitchell Pauole Center, Kaunakakai, Molokai; and the Molokai Public Library, Kaunakakai, Molokai. All testimony regarding the subject rules may be filed prior to the date of the hearing by providing 15 copies of said written testimony to the Department of Planning or may be presented at the time of the hearing. Those interested persons requesting accommodation due to disabilities, please call the Department of Planning at 270-7735 or 1-800-272-0117 (Molokai) or 1-800-272-0125 (Lanai) or notify the Maui County Department of Planning in writing at 2200 Main Street, Suite 315, Wailuku, Maui, Hawaii 96793 at least six (6) days before the scheduled meeting.
NOTICE OF PUBLIC HEARING MOLOKAI PLANNING COMMISSION The Molokai Planning Commission for the County of Maui hereby gives notice that it will conduct a hearing on March 12, 2014 commencing at 12:00 p.m., or as soon thereafter as is practicable in the Department of Accounting and General Services (DAGS) Conference Room, State Building, 45 Makaena Street Phase I, Kaunakakai, Molokai on the following: Amendments to Chapter 301 Rules of Practice and Procedure for the Molokai Planning Commission 1. Section 12-301-6, Rules of Practice and Procedure for the Molokai Planning Commission, is amended to read as follows: “§12-301-6 Office. The office of the authority is at the Mitchell Pauole Center, 90 Ainoa Street, Kaunakakai, Molokai, Hawaii[.] 96748.” [Eff 10/8/89, am and comp] (Auth: HRS §§46-5, 91-2) (Imp: HRS §91-2) 2. Section 12-301-7, Rules of Practice and Procedure for the Molokai Planning Commission, is amended to read as follows: “§12-301-7 Communications. Unless otherwise specifically directed, all communications to the authority shall be directed to the [office of the authority at the] Molokai planning commission c/o the department of planning of the County of Maui, [200 South High Street,] 2200 Main Street, Suite 315, Wailuku, Hawaii 96793. A single copy of all such communications shall be provided to P. O. Box 526, Kaunakakai, Hawaii 96748.” [Eff 10/8/89, am and comp] (Auth: HRS §§465, 91-2) (Imp: HRS §91-2) 3. Section 12-301-9, Rules of Practice and Procedure for the Molokai Planning Commission, is amended by amending subsection (d) to read as follows: “(d) The authority shall allow all interested persons an opportunity to submit data, views, arguments or present oral testimony on any agenda item in an open meeting[.],unless such item is exempt from the provisions of chapter 92, Hawaii Revised Statutes. The authority may provide for the recordation of all presented oral testimony. A reasonable time limit may be placed on such testimony from the public which in any event shall be not less [then] than three minutes
per person.” [Eff 10/8/89, am and comp] (Auth: HRS §46-5) (Imp: HRS §§91-2, 92-4, 92-5) 4. Section 12-301-11, Rules of Practice and Procedure for the Molokai Planning Commission, is amended to read as follows: “§12-301-11 Minutes. [(a)] The authority shall keep written minutes and may provide for the audio recordation or court reporter transcript of meetings. The written minutes shall give a true reflection of the matters discussed at the meeting and the views of the members. The minutes shall include, but need not be limited to: (1) The date, time and place of the meeting; (2) The members of the authority recorded as either present or absent; (3) The substance of all matters proposed, discussed, or decided; and a record, by individual member, of any votes taken; and (4) Any other information that any member of the authority requests be included or reflected in the minutes. The written minutes shall be public records and shall be available within thirty days after the meeting, except where such disclosure would be inconsistent with section 92-5, Hawaii Revised Statutes, as amended, provided, that minutes of executive meetings may be withheld so long as their publication would defeat the lawful purposes of the executive meeting. It shall not be necessary to transcribe the audio recording unless requested for the purpose of rehearing or judicial review[.] in the event the recording is available. Any person shall be entitled to a copy of the full transcript of the audio recordation or the court reporter’s transcript provided that [he] the person pays the costs incurred in the preparation of the record[.] in the event the recording is available.” [Eff 10/8/89, am and comp] (Auth: HRS §46-5) (Imp: HRS §92-9)
5. Section 12-301-12, Rules of Practice and Procedure for the Molokai Planning Commission, is amended to read as follows: “§12-301-12 Decisions and orders. (a) All decisions and orders shall be signed by the members of the authority who have heard and examined the evidence in the proceeding. Authority members who have not heard and examined all of the evidence may vote and sign only after the procedures set forth in section 91-11, Hawaii Revised Statutes, have been complied with. (b) Unless otherwise indicated in the order, the effective date of a decision and order shall be the date of mailing[.] or hand delivery. (c) Official copies of decisions and orders and other authority actions shall be promulgated under the signature of all members or the chairperson, director, or by such other person as may be authorized by the authority. (d) All final decisions and orders should be issued in writing within [forty-five] sixty calendar days after the final vote of the authority, unless otherwise extended by vote of the authority for an additional fifteen days. (e) All final decisions and orders shall contain a phrase informing the parties thereto of the time in which to appeal such order or decision to the court.” [Eff 10/8/89, am and comp] (Auth: HRS §91-2) (Imp: HRS §§91-2, 91-11) 6. Section 12-301-15, Rules of Practice and Procedure for the Molokai Planning Commission, is amended by amending subsection (a) to read as follows: “(a) Any person or party to a proceeding before the authority may appear in his or her own behalf or as an authorized representative of [a] an individual, partnership, corporation, trust or association, community group, and an officer or employee of the department
PAID FOR BY COUNTY OF MAUI, DEPARTMENT OF PLANNING
or any agency may represent the department or agency in any proceeding before the authority. All attorneys who appear on behalf of any party before the authority shall be licensed to practice in the State of Hawaii.” [Eff 10/8/89, am and comp] (Auth: HRS §91-2) (Imp: HRS §91-2) 7. Section 12-301-16, Rules of Practice and Procedure for the Molokai Planning Commission, is amended to read as follows: “§12-301-16 Formal requirements for filing of documents. (a) Time and place. All documents required to be filed with the authority in any proceeding shall be filed with the office of the authority at Wailuku, Maui, Hawaii, and a single copy to the office of the authority at Kaunakakai, Molokai, Hawaii, at the addresses provided in these rules, within the time limit prescribed by law or by order of the authority. Unless otherwise ordered, the date on which the documents are received shall be regarded as the date of filing. (b) Format. (1) Form and size. Documents shall be bound at the top and typewritten upon paper 8-1/2 x 11 or 8-1/2 x 13 inches in size. Tables, maps, charts, exhibits, or appendices may be larger and shall be folded to that size where practical. The impression shall be [on one side of the paper only and shall be] double spaced, except that footnotes and quotations in excess of a few lines may be single-spaced. Copies shall be clear and permanently legible. (2) Title and number. Petitions, pleadings, briefs, and other documents shall show the title of the proceeding before the authority and the name and address of the person or attorney. (3) Signatures. The original of each application, petition, complaint, answer, or amendment shall be signed in ink by each party or [his or her] each party’s counsel or authorized representative. If such party is a
The Molokai Dispatch • Feb 12, 2014 • corporation or association, the pleading may be signed by an officer thereof. (c) Copies. Unless otherwise required by these rules or the authority, there shall be filed with the authority an original and fifteen copies of each pleading or amendment thereof. Additional copies shall be provided if the chairperson of the authority so requests. (d) Extensions of time. Whenever a party is required to file a pleading within the period prescribed or allowed by these rules, by notice given hereunder or by an order or regulation, the chairperson of the authority, or in the absence of the chairperson, the vice chairperson, or in the absence of the vice chairperson, the director may: (1) For good cause before the expiration of the prescribed period, with or without notice to the parties, extend such period; (2) Pursuant to a stipulation between all of the parties, extend such period; and (3) Permit the act to be done after the expiration of a specified period where the failure to act is clearly shown to be the result of excusable neglect. All requests for continuances, except for stipulations, should be by written motion, unless it is made during the course of a hearing. (e) Amended pleadings. All pleadings may be amended at any time prior to hearing. Amendments offered prior to hearing shall be served on all parties and filed with the authority. All parties shall have the opportunity to answer and be heard on amendments filed after hearing commences, and the authority shall decide whether such amendments shall be allowed. (f) Retention of documents by the authority. All documents filed with or presented to the authority shall be retained in the files of the authority. However, the chairperson of the authority may permit the withdrawal of original documents upon submission of properly authenticated copies to replace said original documents.” [Eff 10/8/89, am and comp] (Auth: HRS §91-2) (Imp: HRS §91-2) 8. Section 12-301-28, Rules of Practice and Procedure for the Molokai Planning Commission, is amended to read as follows: “§12-301-28 Contents of petition[.] to intervene. (a) The petition shall contain the following: (1) Nature of petitioner’s statutory or other right; (2) Nature and extent of petitioner’s interest and if an abutting property owner, the tax map key description of the property; and (3) Effect of any decision in the proceeding on petitioner’s interest. If applicable, the petition shall also make reference to the following: (4) Other means available whereby petitioner’s interest may be protected; (5) Extent petitioner’s interest may be represented by existing parties; (6) Extent petitioner’s interest in the proceeding differs from that of the other parties; (7) Extent petitioner’s participation can assist in development of a complete record; (8) Extent petitioner’s participation will broaden the issue or delay the proceedings; and (9) How the petitioner’s intervention would serve the public interest.” [Eff 10/8/89, am and comp] (Auth: HRS §91-2) (Imp: HRS §91-2) 9. Section 12-301-58, Rules of Practice and Procedure for the Molokai Planning Commission, is amended by amending subsection (b) to read as follows: “(b) Every decision and order adverse to a party to the proceeding, rendered by the authority in a contested case, shall be in writing or stated in the record and shall be accompanied by separate findings of fact and conclusions of law. If any party to the proceedings has filed proposed findings of fact, the authority shall incorporate in its decision a ruling which addresses such findings. Such decisions and orders in contested cases shall be rendered within a reasonable time from the presentation of oral argument by the parties[.] which may be set by the authority.” [Eff 10/8/89, am and comp] (Auth: HRS §91-2) (Imp: HRS §91-12) 10. Section 12-301-60, Rules of Practice and Procedure for the Molokai Planning Commission, is amended by amending subsection (b) to read as follows: “(b) Petitions for reconsideration [on] of any final order, decision, or ruling of the authority shall be filed not later than ten days after service of said order, decision, or ruling[.] upon the party filing the petition.” [Eff 10/8/89, am and comp] (Auth: HRS §91-2) (Imp: HRS §91-2) 11. Section 12-301-61, Rules of Practice and Procedure for the Molokai Planning Commission, is amended to read as follows: “§12-301-61 Appeals. Parties to a contested case [proceedings] proceeding before the authority may obtain judicial review of decisions and orders issued by the authority in the manner set forth in chapter 91-14, Hawaii Revised Statutes.” [Eff 10/8/89, am and comp] (Auth: HRS §91-2) (Imp: HRS §91-14) 12. Section 12-301-63, Rules of Practice and Procedure for the Molokai Planning Commission, is amended to read as follows: “§12-301-63 Petition and procedures for adoption, amendment, or repeal of rules and regulations. (a) The authority may adopt, amend, or repeal any of its rules by following the procedures outlined herein, except that the authority need not formally file a petition and need only submit a draft of the proposed changes. (b) Any interested person may petition the authority requesting the adoption, amendment, or repeal of any provision of these rules and regulations. (c) Filing of petition. (1) Any person seeking the adoption, amendment, or repeal of any provision of these rules and regulations shall file a petition with the department on a form provided by the department, which petition shall include or be accompanied by the following information and documentation: (A) A statement of the nature of the applicant’s interest; (B) A draft of the proposed rule or amendment or a designation of the provisions sought to be repealed; (C) Statement of the reasons in support of the petition; and (D) A public hearing and notice fee [of $250.] as set forth in the County budget. (2) Upon receipt of all required fees, information, and documentation, the director shall certify that the applicant’s petition is complete and shall refer the petition to the authority. (d) Disposition of petition. After the director finds that the application is complete, it shall be referred to the authority. The petition shall be considered submitted to the authority as of the first meeting it is properly placed on the agenda. Within thirty days after submission, the authority shall either deny the petition in writing and state the reasons for such denial or initiate proceedings for action according to the provisions
herein. (e) Public hearing; notice. When the authority proposes to adopt, amend, or repeal a rule, it shall schedule a public hearing by giving thirty days notice. Notice shall include a statement of the substance of the proposed rule, and the date, time, and place where interested persons may be heard. Notice shall be published at least once in a newspaper [of general circulation in Maui County] that is printed and issued at least once weekly on the island of Molokai. If no such newspaper exists at the time of notification, notice shall be published in a newspaper which is printed and issued at least twice weekly in the County of Maui, and shall be mailed to all persons who have made a timely, written request of the authority for advanced notice of its rulemaking proceedings. (f) Scope. All interested persons shall be given the opportunity to submit data, views, or written or oral argument. The authority shall incorporate in the record and consider all written or oral submissions regarding the proposed rule[.] or amendment. (g) Decision. The authority may make its decision at the public hearing or announce then the date it intends to make its decision. Upon adoption, amendment, or repeal of a rule, the [agency] authority shall, if requested to do so by an interested person, issue a concise statement of reasons for and against its determination. (h) Mayoral approval. The adoption, amendment, or repeal of these rules shall be subject to mayoral approval. (i) Emergency rules. If the authority finds an imminent peril to public health or safety requires adoption, amendment, or repeal of a rule upon less than twenty days notice of hearing, and states its reasons in writing, it may proceed without prior notice or hearing or upon such abbreviated notice and hearing as practicable. (j) Filing; effect. Upon mayoral approval, certified copies of all rules shall be filed in the office of the county clerk and shall become effective ten days thereafter. (k) Emergency rules; effect; notice. Emergency rules shall be effective upon filing, but for not longer than one hundred twenty days without renewal. The authority shall publish a copy of the emergency rule at least once in a newspaper [of general circulation in Maui County] that is printed and issued at least once weekly on the island of Molokai within five days of filing herein. If no such newspaper exists at the time of notification, notice shall be published in a newspaper which is printed and issued at least twice weekly in the County of Maui.” [Eff 10/8/89, am and comp] (Auth: HRS §91-2) (Imp: HRS §§91-3, 91-4, 91-6 ) 13. Subchapter 7, Rules of Practice and Procedure for the Molokai Planning Commission, is amended by amending the title to read: “SUBCHAPTER 7 ORDER TO SHOW CAUSE FOR SPECIAL MANAGEMENT AREA [PERMIT AND] PERMITS AND EXEMPTIONS, SHORELINE SETBACK VARIANCES, SPECIAL USE [PERMIT REVIEW] PERMITS, AND OTHER PERMITS AND APPROVALS” 14. Section 12-301-65, Rules of Practice and Procedure for the Molokai Planning Commission, is amended to read as follows: “§12-301-65 Purpose. This subsection is intended to outline the procedures and standards available to the authority to insure the continued authority to review special management area [permit] permits and exemptions, shoreline setback variances, special use permits, and any other permits or approvals where the commission is the final authority, and special use permit conditions after such permits or approvals are granted.” [Eff 10/8/89, am and comp] (Auth: HRS §205A-22) (Imp: HRS §91-2) 15. Section 12-301-66, Rules of Practice and Procedure for the Molokai Planning Commission, is amended to read as follows: “§12-301-66 [Motion. The authority shall upon motion by any person, including itself, have the right to review all special management area permits and special use permits to insure compliance with and any terms and conditions made a part thereof.] Enforcement of conditions, representations, or commitments; order to show cause. (a) The commission, on its own motion, may issue an order to show cause, or the director or any party or interested person may file a petition with the commission for an order to show cause, upon a showing that there has been a failure to perform a condition, representation, or commitment on the part of a permit holder or a person who received an approval where the commission was the final authority. The director, party, or person filing the petition shall serve a copy of the petition for an order to show cause upon the permit holder or the person who received an approval where the commission was the final authority, as the case may be. The petition for order to show cause shall state: (1) The interest of the petitioner; (2) The permit exemption or approval in question; (3) The condition, representation, or commitment that has not been performed or satisfied; (4) The basis upon which petitioner has standing to bring such petition; (5) Concisely and with particularity the facts, supported by an affidavit, giving rise to a belief that a condition, representation, or commitment has not been performed or satisfied; (6) A description and a map of the property affected; (7)The specific relief requested; and (8) Any other information that the commission requires for an adequate investigation into the matter. (b) The commission may reject any petition that is incomplete, inaccurate, or fails to comply with the rules of the commission, or if it finds that petitioner lacks standing. The rejected petition shall be returned to the petitioner. (c) The commission may request the assistance of the director and department staff in the investigation of any alleged breach of a condition, representation, or commitment. (d) Whenever the commission has reason to believe that there has been a failure to perform according to conditions imposed, or representations or commitments made, the commission shall issue and serve upon the party or person bound by the conditions, representations, or commitments, an order to show cause why the permit should not be revoked, amended, or modified, or why the proposed action should not be deemed to be a development, as the case may be. The commission shall serve the order to show cause in writing at least thirty days before the hearing. The order to show cause shall include: (1) A statement of the date, time, place, and nature of the hearing; (2) A description and a map of the property to be affected; (3) A statement of the legal authority under which the hearing is to be held;
(4) The sections of the statutes, ordinances, or rules involved; and (5) A statement that any party may retain counsel if the party so desires. (e) The commission shall conduct a hearing on an order to show cause in accordance with the requirements of subchapter 9 of these rules, where applicable. Any procedure in an order to show cause hearing may be modified or waived by stipulation of the parties and informal disposition may be made in any case by stipulation, agreed settlement, consent order, or default.” [Eff 10/8/89, ren, am and comp] (Auth: HRS §§91-2, §§205A-22, 205A-29) (Imp: HRS §§91-2, 91-9, 91-9.5) 16. Section 12-301-67, Rules of Practice and Procedure for the Molokai Planning Commission, is repealed. [“§12-301-67 Procedures. (a) Petition. All matters shall be presented by petition and shall state: (1) The nature and extent of petitioner’s interest in the proceedings; (2) A brief description identifying the permit and specific provisions of the permit to be reviewed; (3) The factual and legal basis for petitioner’s claims; and (4) A brief description why such review is required; and (5) Any additional information which may be required by the department of planning to properly process the application. (b) Parties. The parties to the proceeding shall be the permit holder and the petitioner. (c) Proceedings. The matter shall be treated as any other public hearing item and governed by the laws and procedures relative to the same. To the extent the authority feels additional hearing and testimony is necessary, it may assign a hearings officer and allow for further proceedings. (d) Decision. The authority shall have the power to amend or modify or withdraw the particular permit should it find failure to comply with any terms or conditions thereof.”] [Eff 10/8/89, R] (Auth: HRS §205A-22) (Imp: HRS §91-2) 17. Section 12-301-68, Rules of Practice and Procedure for the Molokai Planning Commission, is amended to read as follows: “§12-301-68 Maximum time period. Except for state administered permit programs delegated, authorized, or approved under federal law, the authority shall review and make a decision on business and development-related permit approvals and licenses within one hundred twenty days from: (a) The date the application is deemed completed by the director; (b) The closing of public hearing on the application; or (c) The conclusion of a contested case proceeding, whichever is later. This time period shall be extended in the event of a national disaster, state emergency, or union strike, which would prevent the authority from reviewing and making a decision within one hundred twenty days. This time period may be extended with the consent of the applicant or, if there is a contested case, the consent of all parties.” [Eff 5/31/99, am and comp] (Auth: HRS §46-5) (Imp: HRS §91-2) 18. Section 12-301-69, Rules of Practice and Procedure for the Molokai Planning Commission, is repealed. [“§12-301-69 Severability. If any portion of the foregoing rules or the applicability thereof to any person, property or circumstance is held invalid for any reason, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application, and to this end these rules are declared to be severable.”] [Eff 10/8/89, R] (Auth: HRS §91-2) (Imp: HRS §91-2) 19. Chapter 301, Rules of Practice and Procedure for the Molokai Planning Commission, is amended by adding a new subchapter to read as follows: “SUBCHAPTER 9 HEARINGS ON APPEALS OF NOTICES OF VIOLATION AND HEARINGS ON ORDERS TO SHOW CAUSE §12-301-70 Purpose. This subchapter governs procedures before the commission for the hearing of appeals of notices of violation and orders to show cause. These procedures may be modified or waived by the parties with the consent of the chairperson. [Eff ] (Auth: HRS §205A-27; Charter §§8-8.4, 13-2.15) (Imp: HRS §§91-9, 205A-21, 205A-26, 205A-28) §12-301-71 Parties. The director and the parties served shall be parties to the proceedings. [Eff ] (Auth: HRS §205A-27; Charter §§8-8.4.4, 13-2.15) (Imp: HRS §§91-9, 205A-21, 205A-26, 205A-28) §12-301-72 Contents of the notice of appeal from a notice of violation. The notice of appeal shall: (1) Identify the party or parties taking the appeal; (2) Designate the notice of violation appealed from, and provide a copy of the notice of violation attached as an exhibit; (3) Have affixed to the notice of appeal proof that service of the notice of appeal was made on all parties to the appeal. Administrative staff for the commission shall permit a notice of appeal to be filed without the proof of service, but the person who filed the notice of appeal shall file the proof of service within seven days after the filing of the notice of appeal; (4) Contain a concise statement setting forth the nature of the appeal, the facts material to consideration of the appeal presented, the alleged error committed by the director, and any relevant statutes, ordinances, or administrative rules pertaining to the matter under appeal; (5) Provide the following information: (A) Documents identifying the owner of the subject parcel of land; (B) Owner’s name, address and, if available, telephone numbers; (C) Agent’s name, address and telephone numbers, if applicable; (D) Tax map key number of the parcel and its street address, if available; and (E) Map identifying the site, adjacent roadway, and landmarks. [Eff ] (Auth: HRS §205A-27; Charter §§88.4, 13-2.15) (Imp: HRS §§91-9, 205A-21, 205A-26, 205A-28) §12-301-73 Service of the notice of appeal. The alleged violator shall serve a file-marked copy of the appeal upon the director and the department of the corporation counsel, in accordance with section 12301-17, rules of practice and procedure for the Molokai planning commission. [Eff ] (Auth: HRS §205A-27; Charter §§8-8.4, 13-2.15) (Imp: HRS §§91-9, 205A-21, 205A-26, 205A-28) §12-301-74 Notice of hearing. The commission shall give written notice of hearing to all parties in accordance with section 91-9.5(b), Hawaii Revised Statutes. [Eff ] (Auth: HRS §205A-27; Charter §§8-8.4, 13-2.15) (Imp: HRS §§91-9, 205A-21, 205A-26, 205A28)
PAID FOR BY COUNTY OF MAUI, DEPARTMENT OF PLANNING
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§12-301-75 Record. (a) For the purpose of commission decisions, the record shall include: (1) All pleadings, motions, and intermediate rulings; (2) Evidence received or considered, including oral testimony, exhibits, and matters officially noticed by the commission; (3) Offers of proof and rulings thereon; (4) Proposed findings and exceptions; (5) Report of the officer who presided at the hearing; and (6) Staff memoranda submitted to the commission in connection with its consideration of the case. (b) It shall not be necessary to transcribe the record unless requested for purposes of rehearing or court review. (c) No matters outside the record shall be considered by the commission in making its decision except as provided in this chapter. [Eff ] (Auth: HRS §205A-27; Charter §§8-8.4, 13-2.15) (Imp: HRS §§919, 205A-21, 205A-26, 205A-28) §12-301-76 Hearing procedure. Unless otherwise stipulated by the parties, and subject to orders of the commission, which may alter the sequence of presentation of a case when necessary, hearings under this subchapter shall proceed as follows: (1) The director may make an opening statement. The other party may also make an opening statement, either immediately after the director’s statement or at the beginning of the other party’s case; (2) After the opening statement or statements, the director shall produce the evidence in support of the director’s case; (3) The other party may then produce the evidence in support of the party’s case; (4) The parties may then respectively offer rebutting evidence only; and (5) When the presentation of evidence is concluded, the director may present final arguments, followed by the other party, and then the director in rebuttal, which shall be limited to matters raised in the other party’s final argument. [Eff ] (Auth: HRS §205A-27; Charter §§8-8.4, 13-2.15) (Imp: HRS §§91-9, 205A-21, 205A-26, 205A-28) §12-301-77 Failure to appear. In the event of a party’s failure to appear before the commission after proper notice has been served upon the party, or when a party or a party’s representative leaves the hearing while the hearing is in progress, the commission may proceed with such hearing without the party’s presence. Failure of a party or a party’s representative to appear before the commission after proper notice has been served, or the unauthorized departure of a party or a party’s representative during a hearing, shall constitute waiver of a party’s right to be heard in person or through counsel and of the party’s right to present evidence and argument. [Eff ] (Auth: HRS §205A-27; Charter §§8-8.4, 13-2.15) (Imp: HRS §§91-9, 205A-21, 205A-26, 205A-28) §12-301-78 Failure of witness to appear. In the event of a witness’ failure to appear before the commission to testify as a witness after being subpoenaed, the commission may continue the hearing and request that a contempt citation be issued by the circuit court to compel such witness to appear before the commission. [Eff ] (Auth: HRS §205A-27; Charter §§8-8.4, 13-2.15) (Imp: HRS §§91-9, 205A-21, 205A-26, 205A-28) §12-301-79 Motions. (a) Time. Motions may be made before, during or after a contested case hearing. (b) Form; contents. All motions other than those made during a hearing shall be made in writing to the commission, and shall state the relief sought and be accompanied by an affidavit or legal memorandum setting forth the grounds upon which they are based. The commission shall set the time for hearing the motion. (c) Service of motions. The moving party shall serve a copy of all motion papers on all other parties and shall file with the commission the original with proof of service. (d) Memorandum in opposition. A memorandum in opposition or counter affidavit shall be served on all parties no less than two days before the hearing date. The original and proof of service shall be filed with the commission. The chairperson may extend or shorten the times herein for good cause. (e) Waiver. Failure to serve or file a memorandum in opposition to a motion or failure to appear at the hearing without good cause may be deemed a waiver of objection to the granting or denial of the motion. A party who does not oppose the motion shall notify the chairperson and opposing counsel or party promptly. [Eff ] (Auth: HRS §91-2) (Imp: HRS §91-2) §12-301-80 Evidence. (a) The admissibility of evidence at a hearing shall not be governed by the laws of evidence. Irrelevant, immaterial, or unduly repetitious material shall not be admitted into evidence. The commission shall give effect to the rules of privilege recognized by law. (b) Each party may conduct such cross-examination as may be required for a full and true disclosure of facts. (c) When objections are made to the admission or exclusion of evidence, the grounds for the objection shall be stated briefly. Formal exceptions to rulings are unnecessary and need not be taken. The chair shall rule on the admissibility of evidence. (d) An offer of proof for the record shall consist of a statement of the substance of the evidence to which objection has been sustained. (e) Exhibits shall conform to the provisions of sections 12-301-16(b) and 12-301-16(c), rules of practice and procedure for the Molokai planning commission, where applicable, and shall be filed with the commission. (f) Documentary evidence may be received in the form of copies, provided that, upon request, all other parties to the proceeding shall be given an opportunity to compare the copy with the original. If the original is not available, a copy may still be admissible, but the non-availability of the original and the reasons therefore may be considered by the commission when considering the weight of the documentary evidence. (g) The commission may take notice of facts not subject to reasonable dispute in that they are either generally known within the County or capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned, and generally recognized technical or scientific facts. [Eff ] (Auth: HRS §205A-27; Charter §§8-8.4, 13-2.15) (Imp: HRS §§91-9, 205A-21, 205A-26, 205A-28) §12-301-81 Disclosure. (a) Any party may, by written demand, timely filed with the commission, and served upon any other party, request of any other party to the proceeding, the full disclosure of: (1) The identity of all witnesses to be called by the other party, unless prohibited by law; and (2) All exhibits, including, but not limited to copies of documents, photographs, and other tangible evidence to be introduced by the other party at the hearing.
The Molokai Dispatch • Feb 12, 2014 • (b) All demands for disclosure shall continue in effect for the duration of the proceeding and the party to whom the demand is directed shall be under a continuing duty to disclose the information requested when it becomes available. (c) The information requested shall be disclosed to the requesting party at least seven days before the hearing. Failure to comply with disclosure requirements may result in the exclusion of evidence subject to the disclosure request. [Eff ] (Auth: HRS §205A-27; Charter §§8-8.4, 13-2.15) (Imp: HRS §§91-9, 205A-21, 205A-26, 205A-28) §12-301-82 Discovery. No depositions, interrogatories, or requests for production of documents or other discovery, except as provided by these rules, shall be allowed. [Eff ] (Auth: HRS §205A-27; Charter §§88.4, 13-2.15) (Imp: HRS §§91-9, 205A-21, 205A-26, 205A-28) §12-301-83 Limiting testimony. To avoid unnecessary cumulative evidence, the chair may limit the number of witnesses and the time for testimony upon a particular issue. [Eff ] (Auth: HRS §205A-27; Charter §§8-8.4, 13-2.15) (Imp: HRS §§91-9, 205A-21, 205A26, 205A-28) §12-301-84 Removal from proceeding. Any person or persons who willfully disrupt a hearing or otherwise compromise the conduct of the hearing shall be removed from the hearing room. [Eff ] (Auth: HRS §205A-27; Charter §§8-8.4, 13-2.15) (Imp: HRS §§919, 205A-21, 205A-26, 205A-28) §12-301-85 Co-counsel. Where a party is represented by more than one counsel, counsel may allocate witnesses between them, but only one counsel for a party may examine or cross-examine a witness or state any objections or make closing arguments. [Eff ] (Auth: HRS §205A-27; Charter §§8-8.4, 13-2.15) (Imp: HRS §§91-9, 205A-21, 205A-26, 205A-28) §12-301-86 Subpoenas. (a) Requests for the issuance of subpoenas requiring the attendance of witnesses shall be presented to the chair in writing, and shall state the reasons why the testimony is material and relevant. (b) Requests for the issuance of subpoenas shall be presented to the chair not less than ten calendar days before the scheduled hearing, unless otherwise ordered. (c) No subpoena shall be issued unless the requesting party has complied with this section and gives the name and address of the witness. [Eff ] (Auth: HRS §205A-27; Charter §§8-8.4, 13-2.15) (Imp: HRS §§91-
9, 205A-21, 205A-26, 205A-28) §12-301-87 Fees and mileage. Witnesses summoned by subpoena shall be paid the same fees and mileage as are paid witnesses in circuit courts of the State of Hawaii, and such fees and mileage shall be paid by the party requesting the subpoena. [Eff ] (Auth: HRS §205A-27; Charter §§8-8.4, 13-2.15) (Imp: HRS §§91-9, 205A-21, 205A-26, 205A-28) §12-301-88 Oath. Witnesses shall be placed under oath or affirmation before testifying. [Eff ] (Auth: HRS §205A-27; Charter §§8-8.4, 13-2.15) (Imp: HRS §§919, 205A-21, 205A-26, 205A-28) §12-301-89 Joint or consolidated appeals of a notice of violation. If two or more parties are entitled to appeal from a notice of violation and their interests are such as to make joinder practicable, they may file a joint notice of appeal and thereafter proceed on appeal as a single appellant. Appeals may be consolidated by order of the commission upon the commission’s own motion, upon motion of a party, or upon stipulation of the parties to the several appeals, if the consolidation will be conducive to the proper dispatch of business and to the ends of justice and will not unduly delay the proceedings. [Eff ] (Auth: HRS §205A-27; Charter §§8-8.4, 13-2.15) (Imp: HRS §§91-9, 205A-21, 205A26, 205A-28) §12-301-90 Substitution of parties. Upon motion and for good cause, the commission may order substitution of parties, except that in the case of death of a party, substitution may be ordered without the filing of a motion. [Eff ] (Auth: HRS §205A-27; Charter §§88.4, 13-2.15) (Imp: HRS §§91-9, 205A-21, 205A-26, 205A-28) §12-301-91 Transcripts. Should any of the parties request transcripts or appeal the decision of the commission, the commission shall fairly allocate the transcription costs between the parties. [Eff ] (Auth: HRS §205A-27; Charter §§8-8.4, 13-2.15) (Imp: HRS §§91-9, 205A-21, 205A-26, 205A-28) §12-301-92 Correction of transcript. Motions to correct a transcript shall be filed within seven working days after receipt of the transcript, unless otherwise directed, and shall be served on all parties. Such motions shall certify the date when the transcript was received. If no objections are received within ten days after date of service, the transcript will, upon approval of the commission, be changed to reflect such corrections. If objections are received, the motion will be acted upon with due consideration to the stenographic transcript of
the hearing. [Eff ] (Auth: HRS §205A-27; Charter §§88.4, 13-2.15) (Imp: HRS §§91-9, 205A-21, 205A-26, 205A-28) §12-301-93 Submission of proposed findings. A proceeding shall stand submitted for decision by the commission after the taking of evidence, and the presentation of such oral argument as may have been allowed. A party to the proceeding may submit to the commission proposed findings of fact, conclusions of law, and decision and order within ten days of the close of the hearing and shall serve copies of said proposals on all parties. [Eff ] (Auth: HRS §205A-27; Charter §§8-8.4, 13-2.15) (Imp: HRS §§91-9, 205A-21, 205A26, 205A-28) §12-301-94 Standard of review for appeals of notices of violation. Unless otherwise provided by law, the commission may affirm the notice of violation or the commission may reverse the notice of violation if the commission finds, by a preponderance of the evidence, that the notice of violation is: (1) Based on a clearly erroneous finding of material fact or erroneous application of the law; or (2) Arbitrary or capricious in its application; or (3) A clearly unwarranted abuse of discretion. [Eff ] (Auth: HRS §205A-27; Charter §§8-8.4, 13-2.15) (Imp: HRS §§91-9, 205A-21, 205A-26, 205A-28) §12-301-95 Order to show cause proceedings, revocation or modification of conditions, orders, or permit. If the commission finds by a preponderance of the evidence that there has been a failure to perform a condition, representation, or commitment on the part of the permit holder, the commission may revoke, amend, or modify the permit, or allow the permit holder a reasonable opportunity to correct or remedy the failure. [Eff ] (Auth: HRS §205A-27; Charter §§88.4, 13-2.15) (Imp: HRS §§91-9, 205A-21, 205A-26, 205A-28) §12-301-96 Issuance of decision and order. (a) Every decision and order adverse to a party to the proceeding shall be in writing or stated in the record and shall be accompanied by separate findings of fact and conclusions of law. If any party to the proceeding has filed proposed findings of fact, the commission shall incorporate in its decision a ruling that addresses such findings. Such decisions and orders shall be rendered within forty-five calendar days from the close of oral argument by the parties. (b) If the commission affirms a notice of violation issued by the director, the appellant shall pay any
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penalty imposed by the director at the office of the department within ten calendar days of the receipt of the commission’s findings of fact, conclusions of law, decision and order. [Eff ] (Auth: HRS §205A-27; Charter §§8-8.4, 13-2.15) (Imp: HRS §§91-9, 205A-21, 205A-26, 205A-28) §12-301-97 Service of decisions and orders. Decisions and orders shall be served by mailing certified copies to the parties of record. When service is not accomplished by mail, it may be effected by personal delivery of a certified copy thereof. When a party to a proceeding has appeared by a representative, service upon the representative or counsel shall be deemed to be service upon the party. [Eff ] (Auth: HRS §205A27; Charter §§8-8.4, 13-2.15) (Imp: HRS §§91-9, 205A21, 205A-26, 205A-28) §12-301-98 Appeals; record. (a) Any party aggrieved by the final decision and order of the commission may seek judicial review in accordance with section 91-14, Hawaii Revised Statutes. Any order to stay the enforcement of the commission’s decision shall be by an order of the circuit court pursuant to section 91-14, Hawaii Revised Statutes. (b) Any party requesting judicial review shall serve a copy of the request upon the commission and all other parties in accordance with the Hawaii Rules of Civil Procedure. (c) Unless the commission has been notified in writing of a party’s request for judicial review within the time permitted for requesting judicial review, the commission, after the time for requesting judicial review has passed, may cause exhibits to be returned to the party introducing the exhibits or order the disposal or destruction of the exhibits if the party does not wish its return, the party cannot be contacted, or if it is impractical or illegal to return such exhibits to the party.” [Eff ] (Auth: HRS §205A-27; Charter §§8-8.4, 13-2.15) (Imp: HRS §§91-9, 205A-21, 205A-26, 205A-28) 20. Material, except source notes, to be repealed is bracketed. New material is underscored. 21. Additions to update source notes to reflect this amendment are not underscored. 22. These amendments to Chapter 301, Rules of Practice and Procedure for the Molokai Planning Commission, shall take effect ten days after filing with the Office of the County Clerk.
The subject public hearing will be conducted in accordance with the Hawaii Revised Statutes, the Maui County Code, and the Rules of the Molokai Planning Commission. A copy of the proposed rules are on file at the Maui County Department of Planning, One Main Plaza, 2200 Main Street, Suite 315, Wailuku, Maui; the Office of the County Administrator, Mitchell Pauole Center, Kaunakakai, Molokai; and the Molokai Public Library, Kaunakakai, Molokai. All testimony regarding the subject rules may be filed prior to the date of the hearing by providing 15 copies of said written testimony to the Department of Planning or may be presented at the time of the hearing. Those interested persons requesting accommodation due to disabilities, please call the Department of Planning at 270-7735 or 1-800-272-0117 (Molokai) or 1-800-272-0125 (Lanai) or notify the Maui County Department of Planning in writing at 2200 Main Street, Suite 315, Wailuku, Maui, Hawaii 96793 at least six (6) days before the scheduled meeting.
NOTICE OF PUBLIC HEARING MOLOKAI PLANNING COMMISSION The Molokai Planning Commission for the County of Maui hereby gives notice that it will conduct a hearing on March 12, 2014 commencing at 12:00 p.m., or as soon thereafter as is practicable in the Department of Accounting and General Services (DAGS) Conference Room, State Building, 45 Makaena Street Phase I, Kaunakakai, Molokai on the following: Amendments to Chapter 302 Special Management Area Rules for the Molokai Planning Commission 1. Section 12-302-5, Special Management Area Rules for the Molokai Planning Commission, is amended by deleting the definition “central coordinating agency”. [“”Central coordinating agency” means the land use and codes administration division of the department of public works and waste management, County of Maui.”] [Eff 3/12/94; am 8/5/99; am and comp] (Auth: HRS §§91-2, 91-4.2, 205A-27, 205A-29) (Imp: HRS §§205A-1, 205A-22, 205A-29) 2. Section 12-302-5, Special Management Area Rules for the Molokai Planning Commission, is amended by adding a new definition to read as follows: “”Valuation” means the same as that term is defined in chapter 205A-22, Hawaii Revised Statutes.” 3. Section 12-302-8, Special Management Area Rules for the Molokai Planning Commission, is amended to read as follows: “§12-302-8 Implementation of rules. The director shall provide such applications in a form [as may be] necessary to accomplish the intent of these rules, and shall provide, upon request, a copy of sections of Hawaii Revised Statutes referenced in these rules. Such copies shall be provided as a convenience to the public and shall be accompanied with a disclosure cautioning readers that reproduced sections should not be relied upon to be accurate, complete, or applicable to any particular application and that reference should be made to the Hawaii Revised Statutes, all supplements thereto and Acts of the State Legislature. A charge may be imposed for copying costs as provided by law.” [Eff 3/12/94; am and comp] (Auth: HRS §§91-2, 205A-290) (Imp: HRS §205A-29) 4. Section 12-302-12, Special Management Area Rules for the Molokai Planning Commission, is amended to read as follows: “§12-302-12 Assessment and determination procedures. (a) All proposed actions within the special management area shall be subject to an assessment and a determination made by the director. Such assessment shall be pursuant to sections 205A-22 and 205A-26, HRS, and the significance criteria set forth in this section. (b) The applicant or the director may waive assessment and determination, and the applicant may apply for a special management area minor or use permit pursuant to the provisions of sections 12-30213 and 12-302-15. (c) Assessment applications shall be filed in accordance with the following: [(1) Any applicant for a proposed action which has been assessed under the National Environmental Policy Act (42 U.S.C. §4321, et. seq.) or under chapter 343, HRS, and for which a findings of no significant impact (FONSI) has been filed or a required EIS has been accepted, may apply directly for a special management area use permit or special management area minor permit. (2)] (1) Any applicant seeking an assessment shall submit an application form, provided by the department, to the [central coordinating agency.] department of planning. The application shall require the following information and documentation: (A) Identification of the applicant along with documentation of ownership or authorization
by the owners of the parcel on which the proposed action is to occur; (B) Tax map key number and acreage of the parcel on which the proposed action is to occur; (C) A plot plan, drawn to scale, of the parcel upon which the proposed action is to occur[, and photographs or VHS format video tape identifying the area where the proposed action is to occur;]. If the proposed action involves structures, the plan shall also show a dimensioned floor plan, sections, elevations, and other physical features; (D) A state certified shoreline survey if the parcel abuts the shoreline; provided, if the proposed action will occur outside of the shoreline setback area, the director may waive the application requirement for a shoreline survey if: (i) The shoreline is fixed by [a] manmade structures which have been approved by appropriate government agencies and for which engineering drawings exist to locate the interface between the shoreline and the structure; (ii) The shoreline is fixed by [a] natural stabilized geographic features such as cliffs and rock formations; [or] (iii) [The parcel is not abutting the shoreline.] The proposed action involves no ground disturbing activity, does not impede access to or along the shoreline, and does not expand any pre-existing non-conforming structure/activity as defined in the shoreline area rules of the Molokai planning commission or enlarge structures in the direction of the setback; or (iv) The proposed action involves land for which a certified shoreline survey cannot be obtained due to encroachments onto public shoreline lands from property not controlled by the applicant. (E) Photographs or video identifying the area where the proposed action is to occur; [(E)](F) A written description of the proposed action, including but not limited to, the use, length, width, height, depth, square footage, building materials, and statement of objectives; [(F)](G)A written description of the anticipated impacts of the proposed action on the special management area that addresses or describes: (i) The environmental setting of the parcel that is the subject of the proposed action; (ii) The relationship of the proposed action to [land use plans, policies, and control of the affected area;] the objectives and policies of chapter 205A, HRS, and to the subject property’s community plan and zoning designations; (iii)The probable impact, including cumulative impacts, of the proposed action on the environment[;] and resources; and [(iv) Any probable adverse environmental effects that can be avoided; (v) Alternatives to the proposed action; (vi) Mitigating measures proposed to minimize impact; and (vii) Any irreversible or irretrievable commitment of resources.] (iv) Measures proposed to minimize impact. [(G) A plan of the proposed action designating in dimensions the location of the proposed action on the parcel. If structures are included, the plan shall also show a dimensioned floor plan, sections, elevations, and other physical features;] (H) If applicable, [A] a written valuation of the proposed action as estimated by an architect, engineer, or contractor licensed by the department of commerce and consumer affairs, State of Hawaii, or
written valuation of the proposed action as estimated by the [administrator of the land use and codes administration,] director of public works, County of Maui; (I) [The state land use district boundary designation, community plan designation, county zoning designation, and any other special designation, if applicable;] A zoning and flood confirmation form, completed and signed by the department; (J) If required, [An] an environmental assessment and findings of no significant impact or an environmental impact statement, [if required,] pursuant to chapter 343, HRS; (K) Any other information and documentation required by the department to properly process the application; and (L) An administrative fee as established in the county budget. (2) Upon receipt of the above requirements, the application shall be deemed ready for processing. (d) The assessment application shall be reviewed as follows: (1) Upon submission of a completed application, the director may submit the application to appropriate agencies for review and comment. The director shall request such agencies to review and comment on the application within thirty days from the date on which the application was distributed for review. The director shall review the proposed action and make a written evaluation as to: (A) The valuation of the proposed action. The applicant’s estimates of the [total cost or fair market value] valuation may be verified by the director of public works [and waste management]. In the event of a conflict between the estimates of the applicant and the director of public works [and waste management], the higher estimate amount shall be used by the director for the purposes of an assessment of the proposed action; and [(B) Whether the proposed action is or is not a development; and (C)] (B) The potential adverse environmental and ecological effects based upon the following significance criteria set forth in subsection (e). (e) In considering the significance of potential environmental and ecological effects, the director shall evaluate: (1) The sum of those effects that adversely affect the quality of the environment and the ecology, and [shall evaluate] the overall and cumulative adverse effects of the proposed action. (2) Every phase of [a] the proposed action, its expected primary and secondary consequences, and its cumulative and short or long-term effects. A proposed action may have a significant adverse effect on the environment when the proposed action: (A) Involves an irrevocable [commitment to loss or destruction of] and significant impact to any natural or cultural resources; [(B) Significantly curtails the range of beneficial uses of the environment; (C)] (B) Conflicts with the county’s or the state’s [long-term] environmental policies or goals; [(D)] (C) Substantially and detrimentally affects the economic or social welfare [and activities] of the community, county, or state; [(E)] (D) Involves substantial [secondary] impacts[,] to public facilities, such as [population changes and] increased [effects on public facilities, streets,] drainage, sewage, and water systems, [and] pedestrian walkways[;], beach access, and recreational opportu-
PAID FOR BY COUNTY OF MAUI, DEPARTMENT OF PLANNING
nities; [(F) In itself has no significant adverse effects, but cumulatively has considerable effect upon the environment or involves a commitment for larger actions; (G)] (E) Substantially affects a rare, threatened, or endangered species of animal or plant, or its habitat; [(H)] (F) Is contrary to the state plan, county’s general plan, appropriate community plans, zoning and subdivision ordinances; [(I)] (G) Detrimentally affects air or water quality [or ambient noise levels]; [(J)] (H) Affects an environmentally sensitive area, such as flood plain, shoreline, tsunami zone, erosion-prone area, geologically hazardous land, estuary, fresh waters, or coastal waters; [(K)] (I) Substantially alters natural land forms and existing public views to and along the shoreline; or [(L)] (J) Is contrary to the objectives and policies of chapter 205A, HRS. (f) Based upon the assessment and review of the application, the director shall [make a determination and] notify the applicant in writing within [thirty] seventy-five calendar days after the application is complete that the proposed action either: (1) Is [recommended] exempt from the requirements of this chapter because it is not a development pursuant to section 205A-22, HRS, as amended, and that the [application and] director’s [recommendation] determination has been referred to the commission for [final determination,] review or waiver of review, which shall be processed in accordance with section 12-302-13.1; (2) [Requires] Is a development and requires a special management area minor permit pursuant to section 205A-22, HRS, as amended, which shall be processed in accordance with section 12-302-14; or (3) [Requires] Is a development and requires a special management area use permit pursuant to section 205A-22, HRS, as amended, which shall be processed in accordance with sections 12-302-13 and 12-302-15[;]. [(4) Requires a special management area emergency permit pursuant to section 205A-22, HRS, as amended, which shall be processed in accordance with section 12-302-16; or (5) Cannot be processed because the proposed action is not consistent with the county general plan, community plan, and zoning, unless a general plan, community plan, or zoning application for an appropriate amendment is processed concurrently with the SMA permit application.] (g) If the director determines that the proposed action is a development and requires a special management minor or use permit, and if the proposed action is not consistent with the county general plan, community plan, and zoning, the director shall notify the applicant that a general plan, community plan, or zoning application for an appropriate amendment is required and can be processed concurrently with the SMA permit application.” [Eff 3/12/94; am 8/5/99; am and comp 12/23/06; am and comp] (Auth: HRS §§91-2, 205A-27, 205A-29) (Imp: HRS §§205A-2, 205A-4, 205A-29, 205A-30 5. Section 12-302-13, Special Management Area Rules for the Molokai Planning Commission, is amended to read as follows: “§12-302-13 Notice of application and notice of public hearing; adequacy of notice. (a) Where a public hearing is required to be held pursuant to these rules, the applicant shall prepare a notice of applica-
The Molokai Dispatch • Feb 12, 2014 • tion and legible map. The form of the notice shall be provided to the applicant by the department. Prior to publication, the department shall review the notice of application for completeness. The applicant shall submit the notice of application for publication to a newspaper within ten days of departmental approval. The applicant shall publish the notice of application once in a newspaper that is printed and issued at least [monthly and generally circulated] once weekly on [the island] the island of Molokai. If no such newspaper exists at the time of notification, notice shall be published in a newspaper which is printed and issued at least twice weekly in the County of Maui. (b) A public hearing before the commission shall commence within one hundred twenty calendar days, or as soon thereafter, after the director has determined the application is complete. (c) Where a public hearing is required to be held pursuant to these rules, the department shall notify the applicant of the date of the public hearing at least forty-five days prior to the public hearing date. The applicant’s mailed notice of public hearing shall be approved by the department before mailing and shall include: (1) The applicant’s name, mailing address, and the nature of the proposed development; (2) The street address of the parcel that is the subject of the application (if available); (3) The tax map key number(s) of the parcel; (4) A location map; (5) The name of the applicant’s agent and mailing address (if applicable); (6) The date, time, and place of the public hearing; and (7) A statement that additional information may be obtained at the department’s office, providing the department’s address and telephone number. (d) The applicant’s mailed notice of public hearing shall be mailed not less than thirty calendar days before the hearing date by certified or registered mail, postage prepaid, to owners of real property situated within five hundred feet of the boundaries of the parcel that is the subject of the application. The applicant shall also send notice to all persons who have requested the commission in writing to be notified of special management area proceedings. (e) Not less than thirty calendar days prior to the public hearing date the director shall publish a notice of public hearing once in a newspaper that is printed and issued at least [twice] once weekly [in the County and which is generally circulated throughout the County and in a newspaper which is printed and issued at least monthly and generally circulated] on the island of Molokai. If no such newspaper exists at the time of notification, notice shall be published in a newspaper which is printed and issued at least twice weekly in the County of Maui. The notice shall state the nature of the proposed development, the date, time, and place of the hearing, and all other matters required by law. (f) The director may authorize the consolidation of the hearing with any other hearing required pursuant to law, or pursuant to any rules adopted thereunder. (g) The mailed notice of public hearing shall be deemed adequate, and the failure of any owner to receive such notice shall not invalidate any application, proceedings, assessment, or determination by the commission if the applicant, by affidavit, verifies that the names and addresses of owners of real property situated within five hundred feet of the subject parcel were obtained from the County of Maui real property tax roll, and that current ownership was verified with the records of the County’s real property tax division, within thirty days of the mailing of notice of public hearing, stating both the date the addresses were obtained and the date notice was mailed, accompanied by receipts of certified mail. If there are multiple owners of the property, notification of the person(s) listed by name on the records of the County of Maui real property tax roll shall be deemed adequate notice as to all owners.” [Eff 3/12/94; am 8/5/99; am and comp] (Auth: HRS §§91-2, 205A-27) (Imp: HRS §205A-29) 6. Section 12-302-13.1, Special Management Area Rules for the Molokai Planning Commission, is amended to read as follows: “§12-302-13.1 Commission review [and final determination] of special management area exemption. (a) [All proposed action within the special management area recommended exempt under section 12-302-12(f)(1) shall be placed on the agenda for review and final determination at the next commission meeting.] The director may determine that a proposed action within the special management area is not a development and is therefore exempt from the requirements of this chapter. Prior to the director’s determination becoming final, the director shall notify the commission of the assessment application at the commission’s next regularly scheduled meeting, receipt of which shall be acknowledged by the commission. Such notification shall include, but not be limited to, the name of the applicant, the location of the subject property, and a brief description of the proposed action. The commission shall vote to either review the assessment application at its next available meeting after receiving notice or waive review of the application. If the commission votes to waive review of the application, the director may issue a final determination that the project is not a development and is therefore exempt. If the commission votes to review the application, or does not vote to waive review of the application at that meeting, which includes taking no action or voting to defer action, then the department shall schedule a time on a future meeting agenda for the commission to review the application in its entirety and make an exemption determination, pursuant to subsection (b) herein. (b) The commission shall make a determination and notify the applicant in writing within [thirty] forty-five calendar days after the application is reviewed in its entirety by the commission, unless the applicant requests additional time, that the proposed action is either: (1) Exempt from the requirements of this chapter because it is not a development pursuant to section 205A-22, HRS, as amended; or (2) Not exempt pursuant to section 205A-22, HRS. (c) Applications determined not exempt shall be transmitted to the director with findings and conclusions, and the director shall process the application under section 12-302-12(f). (d) If the commission does not make a determination and notify the applicant in writing within forty-five calendar days as provided in subsection (b), the proposed action shall be deemed exempt.” [Eff 12/23/06; am and comp] (Auth: HRS §§91-2, 205A-27, 205A-29) (Imp: HRS §§205A-2, 205A-4, 205A-29, 205A-30)
7. Section 12-302-15, Special Management Area Rules for the Molokai Planning Commission, is amended to read as follows: “§12-302-15 Special management area use permit procedures. (a) Any person whose proposed development requires a special management area use permit, or who has waived an assessment by the department, shall file an application with the department on a form provided by the department, which shall require: (1) All information and documentation required pursuant to section 12-302-12[, excluding valuation of the development]; (2) The real property tax map key number of parcels and the names and addresses of owners of real property for real property situated within five hundred feet of the boundaries of the parcel on which the proposed development is to occur; (3) An administrative fee as established in the County budget; and (4) Any other relevant information and documentation required by the director. (b) Upon review of the application [for completeness, the central coordinating agency] the department of planning shall [refer the application to the director. For purposes of central coordinating agency review, completeness means] determine whether: (1) [all] All required documents have been filed. (2) Any additional data or information is required for review of the proposed development based on the policies, objectives, and guidelines as provided in sections 12-302-10 and 12-302-11. [(c) Upon receipt of the application from the central coordinating agency, the director shall review the application based on the policies, objectives, and guidelines as provided in sections 12-302-10 and 12-302-11 and, if necessary, request that the applicant provide any additional data or information as may be required for review of the proposed development.] The application shall not be deemed complete for agency transmittal until the director is satisfied that the application has addressed the policies, objectives and guidelines. [(d)](c) The director shall submit the application, with all relevant information, to appropriate agencies for review and comment. The director shall request such agencies, boards, and commissions to review and comment on the proposed development within thirty days from the date on which the application was distributed for review, and shall request such agencies to address the maintenance, restoration, and enhancement of the special management area consistent with the objectives, policies and guidelines of chapter 205A, HRS, as amended. [(e)] (d) The director shall inform the applicant of any legal requirement to present the proposed development, if applicable, to the urban design review board, the cultural resources commission for comment and recommendations to the commission. The urban design review board and the cultural resources commission shall address the maintenance, restoration, and enhancement of the special management area consistent with the objectives, policies, and guidelines of chapter 205A, HRS, as amended. [f](e) Upon receipt of final agency comments, or failure of the agency to comment within thirty days, the application shall be deemed complete by the director and shall be scheduled for public hearing. [(g)](f) The commission shall approve or deny a special management area use permit, based on the criteria set forth in sections 205A-26(2) and 205A-26(3), HRS, as amended. The commission may approve a special management area use permit, subject to terms and conditions as permitted in sections 205A-26(1) and 205A-26(3), HRS, as amended, if it finds the criteria set forth in sections 205A-26(2) and 205A-26(3), HRS, as amended, have been met. [(h)](g) Findings of fact, conclusions of law, and decision and order shall be issued in accordance with the rules of practice and procedure for the commission in effect when action is taken.” [Eff 3/12/94; am 8/5/99; am and comp] (Auth: HRS §§91-2, 91-4.2, 205A-26, 205A-27, 205A-29) (Imp: HRS §§205A-4, 205A-26, 205A-28, 205A-29) 8. Section 12-302-16, Special Management Area Rules for the Molokai Planning Commission, is amended by amending subsection (a) to read as follows: “(a)Any person seeking a special management area emergency permit shall file an application with the director. The application, provided by the department, shall require: (1) Identification of the applicant along with documentation of ownership and authorization by the owners of the parcel on which the proposed action is to occur; (2) The tax map key number(s) of the parcel on which the proposed action is to occur; (3) A written description of the proposed action, including, but not limited to, the length, width, height, depth, and type of materials for any proposed action; (4)A written statement of the emergency [or] and/or imminent and substantial harm to the public health, safety, or welfare; and why the proposed development would be immediately required to prevent substantial physical harm to persons or property, or to allow the reconstruction of structures damaged by natural hazards to their original form; (5) The most current shoreline survey, if available; (6) Photographs or [VHS format] video [tape] identifying the emergency at the affected area and shoreline property boundaries; (7) Any other relevant information requested by the director; and (8) An administrative fee as established in the county budget.” [Eff 3/12/94, am 8/5/99; am and comp] (Auth: HRS §§91-2, 205A-27, 205A-29) (Imp: HRS §§91-2, 91-14, 205A-30) 9. Section 12-302-17, Special Management Area Rules for the Molokai Planning Commission, is amended to read as follows: “§12-302-17 Amendments to and determinations of permit terms, conditions, and time stipulations. (a) Any person who has been issued a special management area emergency permit, minor permit, or use permit may request the director or commission, as appropriate, to amend, delete, or determine any terms, conditions or time stipulations placed upon such permit. For purposes of this section, determination means interpretation on the intent of a condition of approval. (b) Any person seeking to amend, delete or determine a permit condition shall file an application with the department in a form provided by the department, the content of which shall include: (1) The term, condition, or time stipulation to be amended, deleted, or determined; (2) If an extension of a time stipulation is requested, the length of time extension desired; (3) The reasons for the requested amendment,
deletion, or determination; (4) An administrative fee as established in the County budget; [and] (5) A compliance report showing compliance with all conditions of such permit; and (6) Any other information and documentation requested by the director. (c) Unless otherwise provided, any application for an extension of a time stipulation must be filed not less than sixty calendar days prior to the expiration date of the time condition, provided that the director for good cause may waive such sixty day requirement. Unless waived by the applicant and the director, notice of the public hearing to amend or determine the permit shall be given pursuant to the procedures set forth in section 12-302-13. A public hearing shall not be waived if a petition to intervene was filed or any person, other than the applicant, was admitted as a party to any prior proceeding on the matter, unless a written waiver from all parties has been received by the department; or, if any objections were submitted by any property owner within five-hundred feet radius of the subject property; or if the proposed amendment to the permit terms or conditions increases or intensifies the use. In instances in which the proposed amendment or determination does not clearly pertain to or could not affect the same rights, privileges or interests on which the intervention or objection was based, a written waiver from all parties or persons shall not be required for purposes of waiving a public hearing. (d) Unless otherwise specified in permit conditions, the director may issue a written approval for a special management area use permit transfer, if the permit holder submits a written request for a permit transfer to include the following: (1) Reason(s) for permit transfer; (2) Transferor’s consent; [and] (3) Notarized affidavit from transferee acknowledging the conditions established with the subject permit and agreement by transferee to comply with these conditions[.]; and (4) Any other information the director deems necessary to review. The director shall notify the commission, at the commission’s next regularly scheduled meeting, of the issuance of any permit transfer, receipt of which shall be acknowledged by the commission. Such notification shall include, but not be limited to, the aforementioned information provided to the department and permit transfer approval letter. Nothing in this section shall prevent the director from forwarding any permit transfer request to the commission for consideration in accordance with procedures set forth in this section. (e) After review and final comment by appropriate agencies, or failure to comment within thirty days, the application shall be deemed complete by the director, and the application shall be referred to the commission and, if a public hearing is required, set a date for the hearing and provide notice as required by section 12-302-13. The commission shall conduct a hearing in accordance with the procedures set forth in its rules. (f) Findings of fact, conclusions of law, and decision and order for any special management area use permit application seeking to amend or delete permit terms, conditions, and time stipulations shall be issued in accordance with the rules of practice and procedure of the commission in effect when action is taken and the review guidelines as set forth in section 12-302-11.” [Eff 3/12/94; am 8/5/99; am and comp] (Auth: HRS §§91-2, 205A-29, 205A-30) (Imp: HRS §§205A-26, 205A-29) 10. Section 12-302-22, Special Management Area Rules for the Molokai Planning Commission, is amended by amending subsection (d) to read as follows: “(d) The director shall give notice of the director’s intent to amend the special management area boundaries to the commission, the general public and the office of planning, stating the initiation date and estimated completion date of the director’s review and shall submit the proposed amendments to the commission. Not less than thirty calendar days before the public hearing date, the director shall publish a notice of public hearing once in a newspaper that is printed and issued at least [twice] once weekly [in the County and which is generally circulated throughout the County.] on the island of Molokai. If no such newspaper exists at the time of notification, notice shall be published in a newspaper which is printed and issued at least twice weekly in the County of Maui. The notice shall state the proposed amendment, the date, time, and place of the hearing, a map of the proposed boundary amendment, and all other matters required by law. The notice published in the newspaper shall be deemed adequate, and the failure of any owner to receive such notice shall not invalidate any amendments, proceedings, assessment or determination by the commission.” [Eff 3/12/94; am 8/5/99; am and comp] (Auth: HRS §91-2) (Imp: HRS §§1-28.5; 205A-23) 11. Section 12-302-22, Special Management Area Rules for the Molokai Planning Commission, is amended by amending subsection (f) to read as follows: “(f) The commission may amend the special management area boundaries only upon the finding that the amendments will further the objectives and policies of chapter 205A, HRS, as amended, and will be consistent with the general plan, including the Molokai community plan, and other applicable ordinances of the County of Maui. The commission must approve an amendment to the special management area boundaries by a two-thirds vote of the members present, provided that at least five votes shall be required. Upon review of the office of planning, the commission shall render a final decision and issue a written order and may direct the director to issue a written order and final map within sixty calendar days after the final vote of the commission, unless otherwise extended by vote of the members of the commission.” [Eff 3/12/94; am 8/5/99; am and comp] (Auth: HRS §91-2) (Imp: HRS §§1-28.5, 205A-23) 12. Section 12-302-23, Special Management Area Rules for the Molokai Planning Commission, is amended to read as follows: “§12-302-23 Enforcement. (a) The department shall enforce these rules, except as otherwise provided herein. (b) Any development [pursuant to section 205A-22, HRS, as amended,] that has not received a required special management area emergency permit, minor permit, or use permit pursuant to this [part] chapter, or that has not complied with conditions established with such a permit, or any proposed action that has not received an assessment, shall be removed, or the violation shall be corrected by immediate
PAID FOR BY COUNTY OF MAUI, DEPARTMENT OF PLANNING
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application for, and subsequent granting of [the] an appropriate permit or [other means as determined by the director.] exemption. No other state or county permit or approval shall be construed as special management area permit approval pursuant to this [part.] chapter. (c) Where the shoreline is affected by [a manmade] an artificial structure that has not been authorized [with government agency] by permits required by law, and, if any part of the structure is on private property, [then for purposes of enforcement of this part,] the development shall be construed to be entirely within the special management area for enforcement purposes and [shall be] removed or the violation [shall be] otherwise corrected. [(d) Issuance of notice of violation and order. (1) The landowner or the alleged violator, or both, shall be notified by the department by certified or registered mail of an alleged violation of this rule, any permit issued pursuant thereto, or any condition of a special management area permit approval. The notice of violation and order shall include, but not be limited to, the specific section of this rule which has been violated, the nature of the violation, and the remedy(ies) available. The notice of violation and order may also require that the violative activity cease, or that the violative development be removed; that a civil fine be paid not to exceed $10,000 per violation; and that a civil fine be paid not to exceed $1,000 per day for each day in which the violation persists, in addition to the foregoing and any other penalties. (2) The notice of violation and order shall state that the order shall become final thirty days after the date of its mailing, unless written request for a hearing is mailed or delivered to the department within said thirty days. Nothing in this section shall prevent the landowner or violator from seeking to negotiate a settlement or resolve a dispute. (3) If the violator seeks a negotiated settlement with the department, but waives the right to a hearing, the department, in consultation with the corporation counsel, may negotiate a settlement agreement with the landowner or, if appropriate, the violator, that provides for cure of the violation, set any fine, and inspection of parcel by the enforcement agency and the department. The proposed settlement shall be forwarded to the commission for final action. (4) Any request for a hearing shall be in writing and delivered, or mailed and postmark dated, to the department within thirty days, as stated on the notice. Upon receipt of a request for a hearing, the department shall specify a time and place for the person subject to the order to appear and be heard. The hearing shall be conducted by the director or the director’s designee in accordance with the provisions of chapter 91, HRS, as amended. (5) The department, in consultation with the department of the corporation counsel, may institute a civil action in any court of competent jurisdiction for the enforcement of any settlement agreement or order issued pursuant to this section. (6) Nothing in this section shall prohibit the department, through the corporation counsel, from filing an order or motion directly with a court in the event that public health, safety and welfare may be at risk.]” [Eff 3/12/94; am 8/5/99; am and comp] (Auth: HRS §§205A-43, 205A-43.6) (Imp: HRS §43.6) 13. Section 12-302-24, Special Management Area Rules for the Molokai Planning Commission, is amended to read as follows: “12-302-24 [Conflicts with other laws. In case of a conflict between the requirements of any other state law or county ordinance regarding the special management area, the more restrictive requirements shall apply in furthering the purposes of this part. Nothing contained in this part shall be construed to diminish the jurisdiction of the state department of transportation over wharves, airports, docks, piers, or other commercial harbors, and any other maritime facilities constructed by the state; provided that such plans are submitted for the review and information of the officer of the respective agency charged with the administration of the county zoning laws, and found not to conflict with any county ordinances, zoning laws, and building codes.”] Issuance of notice of violation and order. (a) The landowner or the alleged violator, or both, shall be notified by the department by certified or registered mail of an alleged violation of this chapter, any permit issued pursuant thereto, or any condition of a special management area permit. If notice by registered or certified mail is unsuccessful after a reasonable effort to serve, notice may be given by publication at least once in each of two successive weeks in a newspaper of general circulation on the island of Molokai, and sending the notice by regular mail at the last known address of the alleged violator, or by posting the notice at a conspicuous location on the property at which the alleged violation has occurred, or at the last known address of the alleged violator. If no such newspaper exists at the time of notification, notice shall be published in a newspaper which is printed and issued at least twice weekly in the County of Maui. The notice of violation and order shall include the provision of law or permit or order violated, the nature of the violation, and the remedy(ies) available. The notice of violation and order may require one or more of the following: (1) That the violation cease; (2) That the development be removed; (3) That an initial civil fine not exceeding $100,000 per violation be paid; and (4) That a civil fine not exceeding $10,000 per day for each day in which the violation persists be paid. (b) In determining the initial amount of the fine, as well as the amount of the daily fines, the department may consider the following factors: (1) The type and degree of the violation and whether it is a recurrent violation; (2) Previous violations by the same person; (3) The degree of damage to the environment, including the damage to the shoreline and marine resources; (4) The degree of cooperation provided by the violator during the investigation; (5) Whether a permit or other authorization is required to effect corrective action; (6) The costs associated with the corrective action required; (7) Applicable statutes and rules; (8) Amount necessary to deter future violations; and (9) Evidence, if any, of circumstances beyond the control of the violator. (c) The notice of violation and order shall state that the order shall become final thirty days after the date of its receipt or publication or posting, if applicable, unless a notice of appeal is filed with the commission within said thirty days pursuant to subchapter 9 of the rules of practice and procedure for the Molokai planning commission. Nothing in this
The Molokai Dispatch • Feb 12, 2014 • section shall prevent the landowner or violator from seeking to negotiate a settlement or resolve a dispute. (d) Any appeal shall be in writing and delivered, or mailed and postmark dated, to the commission within thirty days, as stated on the notice. Upon receipt of an appeal, the department shall specify a time and place for the person subject to the order to appear and be heard. The hearing shall be conducted by the commission in accordance with the provisions of subchapter 9 of the rules of practice and procedure for the Molokai planning commission. (e) If the violator seeks a negotiated settlement with the department, the appeal may be stayed pending settlement. The department, in consultation with the corporation counsel, may negotiate a settlement agreement with the landowner or, if appropriate, the violator, that provides for cure of the violation, sets any fine, and provides for inspection of the parcel by the department. The proposed settlement shall be forwarded to the commission for final action. (f) The department, in consultation with the department of the corporation counsel, may institute a civil action in any court of competent jurisdiction
for the enforcement of any settlement agreement or order issued pursuant to this section. (g) Nothing in this section shall prohibit the department, through the corporation counsel, from filing an order or motion directly with a court in the event that public health, safety and welfare may be at risk.” [Eff 8/5/99, am and comp] (Auth: HRS §§205A-28, 205A-29, 205A-32, 205A-33) (Imp: HRS §§205A-28, 205A-29) 14. Section 12-302-25, Special Management Area Rules for the Molokai Planning Commission, is amended to read as follows: “§12-302-25 [Penalties. Any person who violates any provision of these rules shall be liable for an initial civil fine not to exceed $10,000 per violation and maximum daily fine of $1,000 in addition to any other penalties until the violation is corrected. A civil fine may be imposed by the department after an opportunity for a hearing under chapter 91, HRS, as amended, unless said hearing is otherwise waived. A special management area permit application submitted subsequent to an applicant’s having completed the development or having been cited for the activity
or construction without having obtained special management area approval, shall not stay any order to pay civil fines.] Reserved [Eff 8/5/99; am and comp] (Auth: HRS 205A-32) (Imp: HRS §§205A-22, 205A26, 205A-28, 205A-29, 205A-30, 205A-33) 15. Section 12-302-26, Special Management Area Rules for the Molokai Planning Commission, is amended to read as follows: “§12-302-26 Appeal of director’s decision[.]; filing the notice of appeal. (a) Appeal of the director’s decision, other than a notice of violation issued pursuant to these rules, may be made to the commission in writing by the filing of a notice of appeal with the department not later than ten days after the receipt of the director’s written decision[.] or, where the director’s decision is not required by the commission or these rules to be served upon appellant, not later than ten days after the meeting at which the commission received notification of the director’s decision. The notice of appeal shall be filed in accordance with section 12-301-16 of the rules of practice and procedure for the Molokai planning commission. The notice of appeal shall set forth the basis for the appeal,
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including the appellant’s standing. The department shall notify the commission, at the commission’s next regularly scheduled meeting, of the filing of the notice of appeal. [The appellant shall state the reasons for the appeal and submit an administrative fee as established in the county budget. The commission may reverse and remand the decision to the director if the appellant sets forth facts or law of a convincing nature demonstrating clear error, or manifest injustice.] (b) Appeal of the commission’s decision may be made to the circuit court of the second circuit [as provided for in the commission’s rules and] if permitted by chapter 91, HRS, as amended.” [Eff 8/5/99, am and comp] (Auth: HRS Chapter 91, §205A-49) (Imp: HRS §205A-49) 16. Material, except source notes, to be repealed is bracketed. New material is underscored. 17. Additions to update source notes to reflect this amendment are not underscored. 18. These amendments to Chapter 302, Special Management Area Rules for the Molokai Planning Commission, shall take effect ten days after filing with the Office of the County Clerk.
The subject public hearing will be conducted in accordance with the Hawaii Revised Statutes, the Maui County Code, and the Rules of the Molokai Planning Commission. A copy of the proposed rules are on file at the Maui County Department of Planning, One Main Plaza, 2200 Main Street, Suite 315, Wailuku, Maui; the Office of the County Administrator, Mitchell Pauole Center, Kaunakakai, Molokai; and the Molokai Public Library, Kaunakakai, Molokai. All testimony regarding the subject rules may be filed prior to the date of the hearing by providing 15 copies of said written testimony to the Department of Planning or may be presented at the time of the hearing. Those interested persons requesting accommodation due to disabilities, please call the Department of Planning at 270-7735 or 1-800-272-0117 (Molokai) or 1-800-272-0125 (Lanai) or notify the Maui County Department of Planning in writing at 2200 Main Street, Suite 315, Maui, Hawaii 96793 at least six (6) days before the scheduled meeting.
NOTICE OF PUBLIC HEARING MOLOKAI PLANNING COMMISSION The Molokai Planning Commission for the County of Maui hereby gives notice that it will conduct a hearing on March 12, 2014 commencing at 12:00 p.m., or as soon thereafter as is practicable in the Department of Accounting and General Services (DAGS) Conference Room, State Building, 45 Makaena Street Phase I, Kaunakakai, Molokai on the following: Amendments to Chapter 304 Rules of the Molokai Planning Commission Relating to the Shoreline Area of the Island of Molokai 1. Section 12-304-7, Rules of the Molokai Planning Commission Relating to the Shoreline Area of the Island of Molokai, is amended to read as follows: "§12-304-7 Determination of the shoreline. The shoreline shall be established and certified in accordance with the procedures prescribed by the [Board] board of land and natural resources; provided that, no determination of a shoreline shall be valid for a period longer than twelve months except where the shoreline is fixed by man-made structures which have been approved by appropriate government agencies and for which engineering drawings exist to locate the interface between the shoreline and the structures." [Eff 8/10/91; am and comp] (Auth: HRS §§205A-43.5, 205A-46, 343-5) (Imp: HRS §§205A-43, 205A-43.5, 205A-46) 2. Section 12-304-10, Rules of the Molokai Planning Commission Relating to the Shoreline Area of the Island of Molokai, is amended to read as follows: "§12-304-10 Prohibited activities within the shoreline area. The mining or taking of sand, dead coral or coral rubble, rocks, soil, or other beach or marine deposits [for] from the shoreline area is prohibited with the following exceptions: (a) The taking from the shoreline area of the materials, not in excess of one gallon per person per day, for reasonable, personal noncommercial use; or (b) Where the mining or taking is authorized by a variance pursuant to these rules; or (c) The clearing of these materials from existing drainage pipes and canals and from the mouths of streams including clearing for the purposes under section 46-11.5, HRS; provided that, the sand removed shall be placed on adjacent areas unless such placement would result in significant turbidity; or (d) The cleaning of the shoreline area for state or county maintenance purposes, including the clearing for purposes under section 46-12, HRS; provided that, the sand removed shall be placed on adjacent areas unless the placement would result in significant turbidity." [Eff 8/10/91; am and comp] (Auth: HRS §§205A43.5, 205A-46, 343-5) (Imp: HRS §§205A-43, 205A-43.5, 205A-46) 3. Section 12-304-11, Rules of the Molokai Planning Commission Relating to the Shoreline Area of the Island of Molokai, is amended by amending subsection (e) to read as follows: "(e) It is determined to be a minor structure by the director which does not affect beach processes, does not artificially fix the shoreline, and does not interfere with public access or public views to and along the shoreline. Minor structures shall include, but are not limited to: (1) Landscape features or irrigation designed to stabilize and enhance the shoreline area; (2) Minor, single-storied service and recreational buildings, paved lanais, [swimming pools,] and beach use facilities; and (3) Paved walkways for public access shall be allowed within the twenty-five foot shoreline area for a lot which has an average lot depth of one hundred feet or less or within the forty-foot shoreline area for a lot which has an average lot depth of more than one hundred feet." [Eff 8/10/91; am and comp] (Auth: HRS §§205A43.5, 205A-46, 343-5) (Imp: HRS §§205A-43, 205A-43.5, 205A-46) 4. Section 12-304-12, Rules of the Molokai Planning Commission Relating to the Shoreline Area of the Island of Molokai, is amended to read as follows: "§12-304-12 Administration. (a) A written application for a variance shall be made in a
form prescribed by the director and shall be filed with the director. The application shall include plans, site plans, photographs, and any other plans, drawings, maps, or data determined by the director to be necessary to evaluate the application. The application shall also include: (1) A public hearing and notice fee as established in the county budget; provided that, the filing fee may be waived by the director for county public agencies; (2) Certification from the owner or lessee of the [lost] lot which authorizes the application for variance; and (3) An environmental assessment in accordance with chapter 343, HRS, and the environmental impact statement rules of the State of Hawaii. (b) Upon a determination by the director that an application is complete and in compliance with part III of chapter 205A, HRS, and this chapter, the director shall submit the application to the authority. If the application is determined to be incomplete by the director, the director shall return the application to the applicant with a written description identifying the portions of the application determined to be incomplete. The director shall submit a written report, a copy of the application, and all other documents submitted on the application to the authority prior to the matter appearing on an agenda of the authority. (c) Except as otherwise provided in this section, all applications for variances shall be heard, noticed, and processed as public hearing matters in accordance with the rules of practice and procedure of the authority. (d) Exceptions. Prior to action on a variance application, the authority may waive a public hearing on the application for: (1) Stabilization of the shoreline erosion by the moving of sand entirely on public lands; (2)Protection of a legal structure [costing more than $20,000;], provided that[,] the structure is at risk of immediate damage from shoreline erosion; (3) Other structures or activities, provided that[,] no person or agency has requested a public hearing within twenty-five calendar days after public notice of the application. For the purposes of this section "public notice of the application" shall be publication of a notice of the application [i] in a newspaper which is printed and issued at least [twice] once weekly [in the County of Maui, which informs] on the island of Molokai. If no such newspaper exists at the time of notification, notice shall be published in a newspaper which is printed and issued at least twice weekly in the County of Maui. The notice shall inform the public of the subject matter of the application, and [which] shall [identifies] identify the date and time by which a written request for a public hearing must be received by the authority; or (4) Maintenance, repair, reconstruction, and minor additions or alterations of legal boating, maritime or water sports recreational facilities, which result in little or no interference with the natural shoreline processes." [Eff 8/10/91; am 12/21/00; am and comp] (Auth: HRS §§205A43.5, 205A-46, 343-5) (Imp: HRS §§205A-43, 205A-43.5, 205A-46) 5. Section 12-304-13, Rules of the Molokai Planning Commission Relating to the Shoreline Area of the Island of Molokai, is amended by amending subsection (b) to read as follows: "(b) For the purposes of this section, hardship shall not include economic hardship to the applicant; [county] County zoning changes, planned development permits, cluster permits, or subdivision approvals after June 16, 1989; or as a result [o] of any other permit or approval which may have been issued by the authority. If the hardship is a result of actions by the applicant, such result shall not be considered a hardship for the purpose of this section." [Eff
8/10/91; am and comp] (Auth: HRS §§205A43-5, 205A-46, 343-5) (Imp: HRS §§205A-43, 205A-43.5, 205A-46) 6. Section 12-304-14, Rules of the Molokai Planning Commission Relating to the Shoreline Area of the Island of Molokai, is amended to read as follows: "§12-304-14 Enforcement. [The director of public works and waste management shall enforce these rules and regulations.] (a) The department shall enforce these rules. (b) Issuance of notice of violation and order. (1) Should the department find that a person has violated these rules, or any portion of HRS section 205A Part III, the landowner or the alleged violator, or both, shall be notified by the department by certified or registered mail of an alleged violation of this chapter, any permit issued pursuant thereto, or any condition of a special management area permit. If notice by registered or certified mail is unsuccessful after a reasonable effort to serve, notice may be given by publication at least once in each of two successive weeks in a newspaper of general circulation within Molokai, and sending the notice by regular mail at the last known address of the alleged violator, or by posting the notice at a conspicuous location on the property at which the alleged violation has occurred, or at the last known address of the alleged violator. If no such newspaper exists at the time of notification, notice shall be published in a newspaper which is printed and issued at least twice weekly in the County of Maui. The notice of violation and order shall include the provision of law or permit or order violated, the nature of the violation, and the remedy(ies) available. The notice of violation and order may require one or more of the following: (A) That the violation cease; (B) That the development be removed; (C) That an initial civil fine not exceeding $100,000 per violation be paid; and (D) That a civil fine not exceeding $10,000 per day for each day in which the violation persists be paid. (2) In determining the initial amount of the fine, as well as the amount of the daily fines, the department may consider the following factors: (A) The type and degree of the violation and whether it is a recurrent violation; (B) Previous violations by the same person; (C) The degree of damage to the environment, including the damage to the shoreline and marine resources; (D) The degree of cooperation provided by the violator during the investigation; (E) Whether a permit or other authorization is required to effect corrective action; (F) The costs associated with the corrective action required; (G) Applicable statutes and rules; (H) Amount necessary to deter future violations; and (I) Evidence, if any, of circumstances beyond the control of the violator. (3) The notice of violation and order shall state that the order shall become final thirty days after the date of receipt or publication or posting, if applicable, unless a written appeal of the notice of violation is mailed or delivered to the commission within said thirty days. Nothing in this section shall prevent the landowner or violator from seeking to negotiate a settlement or resolve a dispute. (4) Any appeal shall be in writing and delivered, or mailed and postmark dated, to the commission within thirty days, as stated on the notice. Upon receipt of an appeal, the department shall specify a time and place for the person subject to the order to appear and be heard. The hearing shall be conducted by the commission in accordance with the provisions of subchapter 9 of the rules of practice and procedure of the Molokai
planning commission. (5) If the violator seeks a negotiated settlement with the department, the appeal may be stayed pending settlement. The department, in consultation with the corporation counsel, may negotiate a settlement agreement with the landowner or, if appropriate, the violator, that provides for cure of the violation, set any fine, and inspection of the parcel by the department. The proposed settlement shall be forwarded to the commission for final action. (6) The department, in consultation with the department of the corporation counsel, may institute a civil action in any court of competent jurisdiction for the enforcement of any settlement agreement or order issued pursuant to this section. (7) Nothing in this section shall prohibit the department, through the corporation counsel, from filing an order or motion directly with a court in the event that public health, safety and welfare may be at risk." [Eff 8/10/91; am and comp] (Auth: HRS §§205A-32, 205A-43, 205A-43.6, 205A-46) (Imp: HRS §§205A-43, 205A-43.5) 7. Section 12-304-15, Rules of the Molokai Planning Commission Relating to the Shoreline Area of the Island of Molokai, is repealed. ["§12-304-15 Penalties. Any person who violates any provision of these rules shall be subject to the penalties provided for in chapter 205A-32, HRS."] [Eff 8/10/91; R] (Auth: HRS §§205A-43,5, 205A-46, 343-5) (Imp: HRS §§205A-43, 205A-43.5, 205A-46) 8. Section 12-304-16, Rules of the Molokai Planning Commission Relating to the Shoreline Area of the Island of Molokai, is amended to read as follows: "§12-304-16 [Severability. If any provision or part of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared severable.] Appeal of director's decision; filing the notice of appeal. (a) Appeal of the director's decision, other than a notice of violation issued pursuant to these rules, may be made to the commission in writing by the filing of a notice of appeal with the department not later than ten days after the receipt of the director's written decision or, where the director's decision is not required by the commission or these rules to be served upon appellant, not later than ten days after the meeting at which the commission received notification of the director's decision. The notice of appeal shall be filed in accordance with section 12-302-16 of the rules of practice and procedure for the Molokai planning commission. The notice of appeal shall set forth the basis for the appeal, including the appellant's standing. The department shall notify the commission, at the commission's next regularly scheduled meeting, of the filing of the notice of appeal. (b) Appeal of the commission's decision may be made to the circuit court of the second circuit if permitted by chapter 91, HRS, as amended." [Eff 8/10/91, am and comp] (Auth: Charter §§8-8.4, 13-2.15; HRS §§205A-43.5, 205A-46, 343-5) (Imp: HRS §205A-29, 205A-30, 205A-43, 205A-43.5, 205A-46, 205A-49) 9. Material, except source notes, to be repealed is bracketed. New material is underscored. 10. Additions to update source notes to reflect this amendment are not underscored. 11. These amendments to Chapter 304, Rules of the Molokai Planning Commission Relating to Shoreline Area of the Island of Molokai, shall take effect ten days after filing with the Office of the County Clerk.
The subject public hearing will be conducted in accordance with the Hawaii Revised Statutes, the Maui County Code, and the Rules of the Molokai Planning Commission. A copy of the proposed rules are on file at the Maui County Department of Planning, One Main Plaza, 2200 Main Street, Suite 315, Wailuku, Maui; the Office of the County Administrator, Mitchell Pauole Center, Kaunakakai, Molokai; and the Molokai Public Library, Kaunakakai, Molokai. All testimony regarding the subject rules may be filed prior to the date of the hearing by providing 15 copies of said written testimony to the Department of Planning or may be presented at the time of the hearing. Those interested persons requesting accommodation due to disabilities, please call the Department of Planning at 270-7735 or 1-800-272-0117 (Molokai) or 1-800-272-0125 (Lanai) or notify the Maui County Department of Planning in writing at 2200 Main Street, Suite 315, Wailuku, Maui, Hawaii 96793 at least six (6) days before the scheduled meeting. PAID FOR BY COUNTY OF MAUI, DEPARTMENT OF PLANNING
Community News
The Molokai Dispatch • Feb 12, 2014 •
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Molokai Science Students Shine By Catherine Cluett | Editor-In-Chief Coot.
F
ive Molokai students will be representing Maui County at the Hawaii State Science Fair later this spring after earning top results at the 55th Annual Maui Schools’ Science & Engineering Fair on Feb. 6. Molokai has established a strong track record at the state and county levels in recent years. This year, five of the 10 projects from Maui County advancing to the state competition are from Molokai, with three from MHS and two from MMS, according to Heidi Jenkins, Canoe Complex Area STEM Resource Teacher. “As in previous years, we are very proud of our Molokai students and staff for their strong showing and performance at the Maui District Science Fair,” said Lindsay Ball, complex area superintendent. “Molokai students, parents and staff have become accustomed to successful projects because of their high expectations.” MHS junior Sarah Jenkins placed second at the 55th Annual Maui Schools’ Science & Engineering Fair on Feb. 6, ensuring her spot at the Intel International Science and Engineering Fair in Los Angles this May. Sarah’s project is called Hot Biology and explores the use of thermal imaging to detect nesting behaviors of an endangered native bird, the Hawaiian
Honorable Mention Cendall Manley, Grade 10 Below are results of Molokai stuProject: Lend a Helping Hand dents who will be attending the State SciKilo Ka’awa Gonzales and Shellaence and Engineering Fair at the Hawaii Convention Center March 31 through marie Keahi, Grade 12 Project: Bioremeditation Using VetiApril 2, as well as honorable mentions and special awards earned by Molokai ver Grass Sabrina Curtis, Grade 10 students. Mahalo to Heidi Jenkins for Project: Rooting for a Cleaner Enviproviding the results. roment: Vetiver Grass vs Lemon Grass Merit Award – Hawaii State Kea’aokahonua Davis, Grade 10 Science and Engineering Fair Project: Keirsey Temperments: Type Finalists Distribution of Teachers 2nd Place: Sarah Jenkins, Grade 11 Project: Hot Biology – Use of Ther- Sponsor Awards mal Imaging to Detect Nesting Behaviors Maui Electric Dathan Decker-Lee Bicoy, Grade 9 of the Endangered Hawaiian Coot (Fulica Project: Soak Up the Sun alai) Monsanto 3rd Place: Lily Jenkins, Grade 9 Caulin Nelson-Angelsea, Grade 12 Project: Ecological Effects of NonNative Vegetation On Man-Made Canal & Luke Kikukawa, Grade 11 Masonic Lodge in Puko‘o, Molokai Evelyn Haase, Grade 8 5th Place: Genevieve Kikukawa, Grade 8 Project: Ground Cover Impact On Wind Erosion, Soil Cultivability, and In- Organization Awards American Psychological Association sect Population Lily Jenkins, Grade 9 7th Place: Evelyn Haase, Grade 7 Project: Ocean Acidification: ASM Materials Education Foundation Edel Mae Alvarez, Grade 11 and Comparing Ocean pH, Rural vs. Urban Edel Mark Alvarez, Grade 9 Coastal Areas Project: Okra vs. Aloe Vera 10th Place: Caulin Nelson-Angelsea, Association for Women Geoscientists Grade 12 & Luke Kikukawa, Grade 11 Evelyn Haase, Grade 7 Project: Photosynthetic Pigments
RICOH Sarah Jenkins, Grade 11 Stockholm Junior Water Prize Lily Jenkins, Grade 9 Surgeon General’s Special Award Certificate Cendall Manley, Grade 10
COMMUNITY CALENDAR
WEEKLY EVENTS
M - Monday, T - Tuesday, W - Wednesday, Th - Thursday, F - Friday, S - Saturday, Su - Sunday
HEALTH & FITNESS
Adult “Aqua Jogger Class” Oct. 15 – Dec. 19 T, Th 9 a.m. at Cooke Memorial Pool 553-5775 Advanced Zumba with Preciouse Senica, 553-5848 T,Th Na Pu’uwai Fitness Center 9-10am T,Th, F Na Pu’uwai Fitness Center 5-6pm Zumba Basic with Christina K. Aki, 553-5402 M Home Pumehana 10:30 a.m. T, Th Mitchell Paoule 9 a.m. F Kilohana Rec Center 5 p.m. Zumba Gold with Christina K. Aki, 553-5402 T, Th Mitchell Paoule 10:30 a.m. F Home Pumehana room #2 10:30 a.m. Personal Training with Elias Vendiola M,T,W,Th,F Na Pu’uwai Fitness Center 553-5848, by appointment only, Elias Vendiola 5am-1:30pm Turbo Fire Class with Kimberly Kaai/Ceriann Espiritu M, T, W, Th, F Na Pu’uwai Fitness Center 4-5pm 553-5848 T,Th Na Pu’uwai Fitness Center 9-10am Beginning Hula with Valerie Dudoit-Temahaga W Home Pumehana 10:15 a.m. T Mirchell Paoule10:15 a.m. Intermediate Hula with Valerie Dudoit-Temahaga W Home Pumehana 11:20 a.m. T Mirchell Paoule 11:20 a.m. Hula: Ka Pa Hula `O Hina I Ka Po La`ila`i M Hula Wahine, 4:30-5:30 Advanced @ MCHC 5:30-6:30 Beginners
T Papa Oli (Chanting) 4:30 – 5:30 Svaroopa Yoga with Connie Clews M Home Pumehana, 7:45-9:30 a.m. T Home Pumehana, 5:15-7 p.m. Th Kualapu`u Rec Center, 5:15-7 p.m. F Home Pumehana, 7:45-9:30 a.m. Call 553-5402 for info. Yoga Class open to students, families and the community. TH Kilohana cafeteria from 2:30 – 3:45 p.m. Yoga class focused on individual form, internal practice, Call Karen at 558-8225 for info Aikido Class at Soto Mission behind Kanemitsu Bakery. M, W, F, 5-6 p.m. 552-2496 or visit FriendlyAikido.com Quit Smoking Na Pu’uwai Program Learn ways to quit with less cravings. Mondays 11:45 a.m. Na Pu’uwai conference room. 560-3653. Individual sessions available. Aloha Wednesday - Drop by and receive your weekly dose of Energy Healing in the Pu’uwai of Kaunakakai @ Kalele Bookstore - 3:30 to 4:30. Hosted by: Zelie Duvauchelle: 558-8207
Molokai Swim Club M, T, W, Th : Cooke Memorial Pool, 4:30 to 6 pm
MUSIC
Na Kupuna Hotel Molokai, Fridays 4-6 p.m. Na Ohana Hoaloha Music & Hula, Paddlers, Sun. 3-5 p.m. Aunty Pearl’s Ukulele Class W Home Pumehana, 9-10 a.m. F Home Pumehana, 9:45-10:45 a.m. Open to all. For more info call 553-5402
MEETINGS
Alu Like Kupuna Mon & Thurs, 9:30 a.m. - 1 p.m. OHA/DHHl. Wed, 9:30 a.m.- 1 p.m. at Lanikeha. 1st and 2nd Tues. each month at MAC Special field trips on Fridays. AA Hot Bread Meeting, Tues. & Fri from 9-10 p.m. Kaunakakai Baptist Church. 336-0191 Kingdom of Hawaii II monthly meetings. Third Thursday of every month, 6-8 p.m. at Kaunakakai Gym conference room. AA Meeting Mana`e Meeting, Ka Hale Po Maikai SPORTS & RECREATION Office upstairs (13.5 miles east of Kaunakakai on the Recreational Paddling with Wa`akapaemua Canoe Mauka side of the road), Wed. & Sat. 5:30–6:30p.m. Club. Call 553-3999 or 553-3530. All levels and abilities Al-Anon Meeting Mondays, Grace Episcopal Church in welcome. Ho`olehua, 5:30-6:30 p.m. Th 7:30 to 8:30 am at Hale Wa`akapaemua. Alcoholics Anonymous Friendly Isle Fellowship Molokai General Hospital (around to the back please), Pick-up Soccer Mon. & Thurs. 7-8 p.m. W Duke Maliu Regional Park., 5pm Female Sexual Abuse Meetings, Seventh Day Molokai Archery Club Indoor Shoot Adventist Church with a group of inter-denominational TH Mitchell Pauole Center, 7 p.m. Open to public. Christian women. Second and fourth Thursday of each Youth in Motion SUP, sailing, windsurfing and month at 6 p.m. For more info, call 553-5428. kayaking. Tues. & Thurs 3:30-5:30 p.m., Malama I Aloha Molokai, alternative energy solutions for Park. Call Clare Seeger Mawae at 553-4477 or clare@ Molokai. First Monday of every month, 6 pm at Kulana youthinmotion.org
Oiwi. Go to IAlohaMolokai.com for schedule or location changes. Living through Loss, Support group for anyone who has experienced the loss of a loved one. Third Thursday of every month at 10 -11:30 a.m. or 4:30 -6 p.m. at Hospice Office in Kamoi Center. Call Barbara Helm at 336-0261. Molokai Humane Society meets the third Tuesday of every month, 5:30-6:30 p.m. in the Kaunakakai Gym Conference Room Molokai Inventors Circle meets Wednesdays 2-4 p.m. at the Kuha’o Business Center. Contact John Wordin at 553-8100 for info Narcotics Anonymous (No Fear Meeting) Tuesdays and Thursdays at Kaunakakai Ball Field dugout, 8 to 9 a.m.Open meeting. For more info, call Rodney at 213-4603. Plein Air Molokai - Art Outdoors First Fri & Sat. Third Thursdays. Work on your art with others inspired by nature. All levels welcome! This is not an instructor led class. Contact Heather (808) 658-0124 or artalohamolokai@hotmail.com ArtAloha! Keiki - Wed Feb 5,12,19,26. Private and group sessions register 658-0124 artalohamolokai@hotmail.com Molokai Community Children’s Council Every second Thursday. Home Pumehana, 2:30-4 p.m. 567-6308 Read to Me at Molokai Public Library First Wednesday of the month, 6:30-7:30 p.m. Call 553-1765 Molokai Walk Marketplace Arts and Crafts Fair down the lane between Imports Gifts and Friendly Market, Mon. & Fri., 9 a.m.-4 p.m. MAC Ceramics Class at Coffees of Hawaii. 9 - 11 a.m. 24 HOUR SEXUAL ASSAULT HOTLINE 808-213-5522
UPCOMING EVENTS
FRIDAY, FEB 14
► East Molokai Metals Round Up on Thurs, Feb 20 in Halawa Valley, Fri, Feb 21 ► Business Branding and Online Market- at Morris Point, and Sat, Feb 22 in Waialua ing Worshop with Nicole Fisher from noon at United Church of Christ. Drop off applito 1:30 p.m. at KBC. ances, scrap metals, tires, auto batteries and propane tanks. ► Save the Date
WEDNESDAY, FEB 19
► AARP Tax Services: At the tax office in the state building from 9 a.m. to 4 p.m.
SATURDAY, FEB 15 ► AARP Tax Services: OHA Conference room from 9 a.m. to 4 p.m.
SUNDAY, FEB 16 ► AARP Tax Services: OHA Conference room from 9 a.m. to 4 p.m.
TUESDAY, FEB 18 ► Wellness in the Workplace Worshop instructed by Denny and Brenda Kaneshiro from 12 - 1 p.m. at the Kuha`o Business Center.
► Black History Month: In honor of Black History Month a series of discussions will be held at the library every wednesday in February from 12-1 p.m. ► Tax Credits for Small Business and Health Care for Employees Workshop instructed by Kanoelani Davis on Thurs, Feb 20 from 4-5 p.m. at KBC. ► Starting a Business in Maui County Workshop with Karen Arakawa on Fri, Feb 21 from 12-1 p.m. at KBC.
THE BULLETIN BOARD
MOLOKAI HIGH SCHOOL
► Enrollment To enroll at Molokai High School please go call Lori Kaiama at 567-6950 ext. 228 or Julia De George at ext. 229 to set up an appointment for enrollment. Please go to the following
Hawaii DOE website to see what documents will be needed for enrollment. doe.k12.hi.us/register/index.htm
OPPORTUNITIES & SERVICES ► Free Monthly Rummage Sale.
► AARP Tax Services will be available Feb. 21-23 at the Alu Like Office. Hours are 9-4 p.m. Call 553-5375 for appointments. Fri, Feb. 28 at Kulana Oiwi. Open to all levels. Call 937-3235 for more information. ► Moana’s Hula Halau Annual Dinner Show on Feb. 22 from 6-9 p.m. at MCHC. For ► Free Energy Education Workshop tickets call 336-0143 or 553-3356 for teachers on March 1 at Molokai High ► ArtAloha! Intro to Bookmaking on Sat, School from 8:30 a.m. - 3:30 p.m. RegisFeb. 22 in Maunaloa. Register 658-0124 or ter online at least 7 days prior at www. HawaiiEnergy.com/teacher-workshops. artalohamolokai@hotmail.com Contact Wendi Moss with questions at ► Hawaiian Language Competition on wmoss@need.org or call 1-800-875-5029.
Every second Saturday, we can help you get rid of unwanted junk and treasures. Call us at Coffees Espresso Bar for more info, 567-9490 ext. 27. ► Visitor Paddle, Hawaiian Outrigger Cultural Experience. Thursdays 7:30 to
8:30 am with Wa`akapaemua. Donation requested. For more info call 553-3999 or 553-3530. Upon request, special events such as weddings, scattering of ashes, etc. can be arranged.
Hey Molokai! Want to see your upcoming event or activity posted here -- FOR FREE? Let us know! Drop by, email or call us with a who, what, when, where and contact information to editor@themolokaidispatch. com or call 552-2781. Calendar items are community events with fixed dates, please keep between 20-30 words; community bulletin items are ongoing or flexible events, please keep between 50-60 words.
MEO Bus Schedule & Routes East 2 Expanded Rural Shuttle Service Kamo’i
Snack-n-Go New Bus Schedule as of January 3, 2012
Moloka’i General Store
From Puko`o Fire Station to Kaunakakai Route 1-1a 1-2a 1-3a 1-4a 1-5a 1-6a 1-7a 1-8a
Puko'o Fire Station 5:20 AM 6:55 AM 8:15 AM 10:50 AM 12:10 PM 1:30 PM 3:05 PM 4:40 PM
Kalua'aha Estates 5:25 AM 7:00 AM 8:20 AM 10:55 AM 12:15 PM 1:35 PM 3:10 PM 4:45 PM
Kilohana School 5:30 AM 7:05 AM 8:25 AM 11:00 AM 12:20 PM 1:40 PM 3:15 PM 4:50 PM
St. Joseph Church 5:35 AM 7:10 AM 8:30 AM 11:05 AM 12:25 PM 1:45 PM 3:20 PM 4:55 PM
Kawela Plantation I 5:45 AM 7:20 AM 8:40 AM 11:15 AM 12:35 PM 1:55 PM 3:30 PM 5:05 PM
Hotel Mkk / One Ali'I Park 5:50 AM 7:25 AM 8:45 AM 11:20 AM 12:40 PM 2:00 PM 3:35 PM 5:10 PM
MCC / MPC / Midnite Inn 5:55 AM 7:30 AM 8:50 AM 11:25 AM 12:45 PM 2:05 PM 3:40 PM 5:15 PM
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ARIES (March 21-April 19): In her TED talk, science writer Mary Roach made it clear that human beings don’t need genital stimulation to experience orgasms. She spoke of a woman who routinely reaches ecstatic climax by having her eyebrows caressed, and another woman who reaches the big O simply by brushing her teeth. Then there’s the woman who can simply think herself into coming, no physical touch necessary. I can’t guarantee that a similar aptitude will suddenly turn on in you, Aries, but the coming days could bring you as close as you have ever been. Right now you’re a connoisseur of deep pleasure -- a blessed bliss master. TAURUS (April 20-May 20): “The fact that someone else loves you doesn’t rescue you from the project of loving yourself,” writes blogger Sahaj Kohli. Nothing else rescues you from that quest, either, I would add. Sooner or later, whether it’s now or 20 years in the future, you will have to master this fine art. It’s not enough to merely feel affection for yourself; not enough to seek pleasure and avoid pain. You’ve got to make extensive investigations to discover what it means to love yourself; you have to develop rigorous plans for how to accomplish it; and you must fire up a deep commitment as you actually carry out those plans. By the way, the coming weeks will be an excellent time to work on mastering this fine art. GEMINI (May 21-June 20): “Drunk with my madness, I shouted at him furiously, ‘Make life beautiful! Make life beautiful!’” So says a character in a prose poem by Charles Baudelaire. And now, even though I am neither drunk nor furious nor consumed with madness, I am whispering the same command to you. I hope you will respond by embarking on a heroic effort to make life beautiful everywhere you go. The astrological omens suggest that if you do, you will be inundated with practical blessings that are as valuable as money. This will also be an excellent way to drum up the kind of love you crave. CANCER (June 21-July 22): Here’s what I wish for you during the Valentine season: to be happily in love with an intimate partner who loves you back. If that’s not feasible, here’s what I hope: that you are learning provocative lessons about yourself through your growth-inducing relationship with a close ally. And if you’re not blessed with either of those experiences, here’s a third alternative: that you cherish your fathomless longing for its own sake, feeling wonder and reverence for its wild power even if it’s unfulfilled.
The Molokai Dispatch • Feb 12, 2014 •
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LIBRA (Sept. 23-Oct. 22): In her poem “Implications of One Plus One,” Marge Piercy marvels at the way she and her long-term partner keep finding new nuances in their lovemaking. “Ten years of fitting our bodies together / and still they sing wild songs in new keys,” she writes. What’s their secret? It’s “timing, chemistry, magic and will and luck.”What I wish for you this Valentine season, Libra, is that you will have access to all five of those ingredients as you reinvigorate your relationship to love. More importantly -- based on the current cosmic omens -- I *predict* you will have access to them. SCORPIO (Oct. 23-Nov. 21): Jesuit priest Pedro Arrupe touted the practical value of being totally in love. “What you are in love with, what seizes your imagination, will affect everything,” he said. “It will decide what will get you out of bed in the mornings, how you spend your weekends, what you read, who you know, and what amazes you with joy and gratitude.” Are you in love, Scorpio? With either a person, a beloved animal, a certain patch of land, your creative work, or life itself? If not, there’s no excuse! Astrologically speaking, it’s an excellent time for you to be stupendously in love with someone or something -- anything! If you are already in this state, trust your intuition to make it even smarter and finer. SAGITTARIUS (Nov. 22-Dec. 21): Borrowing the words of Rumi (translated by Coleman Barks), I’ve prepared a love note for you to use as your own. Give it to a person whose destiny needs to be woven more closely together with yours: “You are the sky my spirit circles in, the love inside love, the resurrection-place.” Would you like even more inspirational words to deliver to your chosen one? I hope so. Be greedy for lyrical bonding. Lust for springy intimacy. Feed your churning yearning. Try saying this, lifted from the book *The Last Unicorn*: “We are two sides of the same magic.” And be sure to say this, paraphrased from Buddhist teacher Thich Nhat Hanh:“I love you in a way that will always make you feel free.” CAPRICORN (Dec. 22-Jan. 19): “People think a soul mate is your perfect fit,” says author Elizabeth Gilbert. “But a true soul mate is a mirror, the person who shows you everything that is holding you back . . . They tear down your walls and smack you awake. . . shake you up, tear apart your ego a little bit, show you your obstacles and addictions, break your heart open so new light can get in, make you . . . transform your life.” Does that sound like the kind of person you want in your life, Capricorn? Or do you prefer someone who likes what you like, appreciates you just as you are, and makes your life more secure and comfortable? This Valentine season is a good time to make or renew your commitment to one choice or the other. Whatever you decide, you’re likely to experience it on a richer, deeper level during the next 12 months.
LEO (July 23-Aug. 22): Making eye contact is essential for building potent links with people you care about. It bypasses rational thought, stimulating chemical reactions in your bodies that enhance empathy and intimacy. In practicing the art of love, it’s one of the most potent moves you can make. This Valentine season would be an excellent time for you Leos to explore the frontiers of what’s possible through prolonged eye contact. Start here: Cultivate a sincere desire to know what’s simmering inside the souls of your dearest allies. With that as your driving force, your gaze won’t be clouded by shyness or self-consciousness.
AQUARIUS (Jan. 20-Feb. 18): Do you feel oppressed by Valentine’s Day? Maybe you’re single and reject the cultural bias that says being in an intimate relationship is the healthy norm. Or maybe you’re part of a couple but are allergic to the cartoonish caricatures of romance that bombard you during the Valentine marketing assault. If you’d rather consecrate love and intimacy in your own unique way, untainted by the stereotypes flying around, I invite you to rebel. Make this the year you overthrow the old ways and start a new tradition: Valentine’s Day 2.0. Mock sappy, sentimental expressions of romance even as you carry out futuristic experiments in radiVIRGO (Aug. 23-Sept. 22): “I prefer an ecstatic orgasm to cally slaphappy love. a lot of angst,” says Filipino artist David Medalla. I hope you PISCES (Feb. 19-March 20): “I have come to be fascinated consider making that your battle cry during this Valentine with the messiness of desire,” writes novelist Ashley Warlick, season. It would be in rapt harmony with the current cos- “with the ways people fit themselves together, take themmic omens. There really is no need for you to get sidelined selves apart for each other, for want of each other, for want by anxiety or distracted by stress when the natural remedy of some parts of each other.” Your assignment, Pisces, is to is so easily available. In every way you can imagine, Virgo, celebrate the messiness of desire; to not just grudgingly acfight off sourness and dourness by engaging in acts of joy cept it as an inconvenience you’ve got to tolerate, but rather and pleasure. to marvel at it, be amused by it, and appreciate it for all the lessons it provides. Your motto this Valentine season could be, “I bless the messy largesse of my longing.”
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By Kawana`ao DeKneef Hawaiian: Makalokomaika`i
• Definition: Na maka momona • TRANSLATION: Bountiful eyes • EXAMPLE: Loa`a o Pele i na makalokomaika`i. • TRANSLATION: Pele has bountiful eyes.
By Dispatch Staff English: incontrovertible
• Definition: Not open to question or dispute; indisputable. • EXAMPLE: Gravity on Earth is an incontrovertible law of nature.
Pidgin: Bruddah bruddah kine
• DEFINITION: In a brotherly fashion or free of charge. • EXAMPLE: Kimo wen score his musahbee bruddah bruddah kine. • Translation: Kimo got a free musubI.
Puzzle Answers on Page 14
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Classifieds Services ATTORNEY AT LAW ISLAND OF MOLOKAI
Maria Sullivan - Wills & Trusts, Family Law, Civil Matters. (808) 553-5181 / mjs@aloha.net DUSTY’S POWER EQUIPMENT
SALES, SERVICE & REPAIR. Buy new, service, or sharpen chainsaws, weed-eater, mowers, & small-engine machines. At Mahana Gardens Nursery (at the base of Maunaloa on left, mile marker 10 West). 213-5365 Kama`aina Transmission & Auto Repair
Engine, transmission and electrical repair on all makes and models incl. diesel. Call Dwight 213-5395 Levie Yamazaki-Gray, MA, LMHC Counseling ~ Neurofeedback
Improved brain function, can help with: ADHD & other learning disabilities, asthma, anxiety, autism, developmental & behavioral problems, depression, recovery from addictions, sleep disorders, stroke, and often many other issues, most major insurances accepted. Call 336-1151 for more information or a consultation LICENSED ARCHITECT
Rich Young - Doing business in Maui County since 1979. Online portfolio at richyoungarchitect.com. 553-5992 ryoung@aloha.net. Pacific Frames
Custom Picture Framing 553-5890. Ask for Jeff Painting & Powerwashing
Reasonable Rates. Contact Dave Schneiter (H) 808-553-9077 (C) 808-205-7979, dlsmlk2415@gmail.com PARR & ASSOC. - ARCHITECTURE commercial & Residential
Commercial & Residential Arthur H. Parr, AIA Licensed in California, Nevada & Hawaii 808-553-8146 | parrandassociates@gmail.com *Party Supply Rentals*
6’ Rectangle Plastic Lifetime Tables White $9 ea., Heavy Duty Plastic Lifetime Folding Chairs White $1 ea., 10 galloon igloo Juice Jugs Orange $12 ea. 150 Quart Igloo Large White Coolors $15 ea., 16” Tall Plastic Desert/Cupcake Tiers White $10 ea.,White Rectangle Fabric Cloths $3 ea., 20x30 EZ Ups. Pick up your own or delivery is available for a fee. Located on the east end. Call 6581014 for booking and info. Roy’s Repair & Services
Auto and small engine repair (lawn mower, chain saw, weed eaters…) Home maintenance repairs incl. electrical, plumbing & sewer backups. Call 553-3746 Rug Cleaning
We’ll pickup your rug, clean it and return it. Call 553-3448 SunRun Solar PV Sales
Local crew and on-island support. On Molokai since 2010. Rising Sun Solar is Maui’s #1 solar company - Matt Yamashita 553-5011 Waialua Permafarm Home delivery Wednesdays Fruits, Vegetables, and Duck Eggs custom packed, Huge variety 35 years of Permaculture soil building Unequaled Flavor and Nutrition 558-8306
Homes/Condos For Rent
$100 cash plus $25 money order for state fee
No insurance, Medicare, HMA, HMAA, and Kaiser subject to an additional $25
(808) 934-7566
Proudly serving Molokai since 2009, we are the Local Ohana connection, buy local!
Next clinic day will be March 16, 2014 WALK INS WELCOME UNTIL 2PM
The Office of MATTHEW BRITTAIN, LCSW is accepting new & return patients for the purpose of coordinating M.D. Services for the Medical use of Marijuana. QUALIFYING MEDICAL CONDITIONS INCLUDE: Cancer, HIV/AIDS, Glaucoma, Wasting Syndrome, Severe Pain, Severe Nausea, Seizures, Severe Cramping, Severe Muscles Spasms, including Asthma. We are not a dispensary. We are not government employees or contractors.
The Molokai Dispatch • Feb 12, 2014 • For Vacation Rentals Visit Molokai.com BEACH FRONT
2 or 3 Bedroom Units Available now! 4 miles east of Kaunakakai.Furn or Unfurn. Long or Short Term. SECT. 8 WELCOME. Dep req $995-$1595. 602-980-5070 and 808-553-3736 Kaunakakai 2B/2b
Unfurnished condo Avail Feb 1 $1000 plus elec. Call 553-8334 Molokai Shores condo
with loft asking $1100 most utl. included. Call 553-8334 Kaluaaha Home
3bed/2 bath home in Kaluaaha for rent Starting in Feb. $1250 plus utl. The Fishpond Cottage
Quiet, comfortable newly renovated seaside home. 2bd, & 1 ½ baths, sleeps 4, parking, close to town. Air, computer, Internet, flatscreen cable TV, teak furn, marble floors & counters. $175/nt, weekly & monthly discounts – snowbirds welcome. www. StayMolokai.com or 808-646-0542 118 Kahinani Rental
4 Bedroom, 2 Bathroom, Spacious, Fenced House with Carport, Fruit Trees & Solar, Available now. Section 8 Approved. 3360830 or 567-6333 Wavecrest ocean side
NOTICE TO PROPERTY OWNERS COUNTY OF MAUI 2013 - 2014 REAL PROPERTY TAX BILLS Real Property tax bills of the County of Maui for the Second-half installment of taxes due for the Fiscal Year 2013-2014, payable by February 20, 2014, have been mailed to property owners or their respective agents servicing their accounts. Property owners who pay their real property taxes directly and who have not received their real property tax bills should check on their taxes: • By calling 270-7697 Lanai residents may call 1-800-272-0125, and ask for the Real Property Tax Collections – Treasury Division, extension 7697 Molokai residents may call 1-800-272-0117, and ask for the Real Property Tax Collections - Treasury Division, extension 7697 • In person at the Real Property Tax Collections Treasury Division, Maui Mall Service Center Suite A18, in Kahului, Mon through Fri, 8 a.m. to 4 p.m. • By visiting our website at www.mauipropertytax.com Payment may be made: • By Mail to: County of Maui, Treasury Division Real Property Tax/Fee Collections and Tax Relief Program P O Box 1405, Wailuku, HI 96793 • In person at the Real Property Tax Office, Maui Mall, Service Center, A-18 • For Lanai residents only: By mail to the above address • For Molokai residents only: By mail to the above address Property owners are reminded that failure to pay their tax on time because of non-receipt of tax bills will not excuse them from being assessed a 10 percent penalty plus interest at the rate of 12 percent per year. Unless hand delivered on time, the U S Post Office cancellation mark is the date of receipt by the County of Maui. County of Maui, Department of Finance - Treasury Division Real Property Tax/Fee Collections and Tax Relief Program by ANGELITA R DE LA PENA, TREASURER
Apartment available February 1st, 1 bdr, 1 bath includes, laundry, pool, cabana, landscaped grounds, tennis courts, parking, security`$700 per month for a 1 year lease, 1000 per month short term. call 808 213-4251 2 Bedroom Home
with 2 bathrooms and semi-enclosed patio. 2 miles east of Kaunakakai School on ocean side of road. 1530 A Kamehameha V Hwy Call 553-5783
Kamalo Oceanfront
Newly remodeled, unfurnished, 3 bedroom/3 bath with garage. $1300/month plus deposit. Includes yard service, washer, refridgerator, stove. No smoking. Not Section 8 Approved. Call 808-987-4770 or email pacifictransplants@gmail.com Wanted
FURNITURE DONATION Looking for a coffee table and entertainment cabinet. Contact the Dispatch office at 552-2781 long term section 8 house Long term section 8 house needed. Single, retired, JMT 558-0858 references available caretaking opportunity Looking for caretaking opportunity near Kaunakakai. Can supply own electricity and Internet. Have four cats. Learn about me at Terrymaui.com. Please email terryhi@gmail.com.
For Sale Teak Furniture Blowout Tables, chairs, armoirs, hutches, display cabinets, garden benches. New | Reconditioned | Floor Samples. Available now at Beach Break the new shop at Holomua Junction. Look for the surfboard fence. Open 10-4 Mon - Sat Mountain Slope Water is seeking a qualified buyer for our water store in Kaunakakai.This is a great opportunity to own a Molokai profitable company. Mountain Slope Water will consider financing the purchase to qualified buyer and also offer the option to become a Mountain Slope Water LLC. Business includes all equipment rental accounts, Wave Crest vending machine, store inventory and equipment, lease and customer account base. Priced at $22,000 Please contact Ian Walker at 808 893-0377 directly.
Opportunities Svaroopa Yoga Workshop
RELAX AS YOU EMPOWER YOURSELF Sat. March 8 Kualapuu Rec Center 10 - 1:00 (arrive 9:30) Potluck Vegetarian lunch; Preregister Connie 553-3597
• Toll Free Number 888.787.7774 • Maui 808.879.0998 •Fax 808.879.0994•Email zacsinc@hawaii.rr.com
PUBLIC NOTICE TO SUCCESSORS DEPARTMENT OF HAWAIIAN HOME LANDS HOMESTEAD SERVICES DIVISION
DISTRICT OPERATIONS BRANCH NOTICE TO POSSIBLE SUCCESSORS OF THE FOLLOWING DECEASED LEASEHOLDERS, WHO DIED AND FAILED TO DESIGNATE A SUCCESSOR(S) TO THEIR HAWAIIAN HOME LANDS LEASE UNDER THE HAWAIIAN HOMES COMMISSION ACT, 1920, AS AMENDED. ADOLPHO, Matthew K., Jr., Residence Lease No. 206, Lot No. 130, Hoolehua, Molokai BENEVEDES, Yvonne A. A., Residence Lease No. 8189, Lot No. 29, Waimanalo, Oahu COLIPANO, Richmond I., Residence Lease No. 6111, Lot No. 100, Kalamaula, Molokai GASPAR, Dorothy B., Residence Lease No. 5384, Lot No. 108, Waiakea, Hawaii KAUNAMANO, Samuel K. K., Residence Lease No. 11724, Lot No. Undv181, Kapolei, Oahu KEAU, Benjamin P., Jr., Pastoral Lease No. 9146, Lot No. 83, Kahikinui, Maui MAIO, Imogene K., Residence Lease No. 3485, Lot No. 32, Paukukalo, Maui MAKUA, Violet, Residence Lease No. 2226, Lot No. 148, Kewalo, Oahu PARAAN, Wayne A., Residence Lease No. 3930, Lot No. 39, Waimanalo, Oahu PELFREY, Richard H. E., Residence Lease No. 2688Z, Lot No. 66, Kuhio Village, Hawaii PUAOI, Herman E. K., Agriculture Lease No. 2970, Lot No. 99AB, Hoolehua, Molokai
All possible successors of the above-named decedents are hereby notified to present their claims to succeed to the homestead lease together with proof of their qualifications to the Department of Hawaiian Home Lands at its Oahu District Office at 91-5420 Kapolei Parkway, Kapolei, Hawaii 96707, or at any of the neighbor island district offices, within four (4) months from the first day of publication of this notice, or www.comstockhawaii.com be forever barred from succeeding to the lease.
MOLOKAI BICYCLE
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BIKE SALES, REPAIRS AND RENTALS Wed 3-6 pm, Sat 9 am-2 am OR CALL FOR APPOINTMENT Proudly Serving the Islands of (808) 553-3931 | (800) 709-BIKE Molokai & Maui since 1999 molbike@aloha.net
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Letters & Announcements
The Molokai Dispatch • Feb 12, 2014 •
Colored Pencil Class
My Valentine Sweetheart
MAC News Release
To my Valentine sweetheart of 51 years, Dianna Sue: Thank you for your continued courtship and helping me understand that marriage is a relationship that cannot survive selfishness, impatience, domineering, inequality and lack of respect. I regard it as an incontrovertible fact that no marriage circle can true place, love, purity, chastity and happiness be found in which is not present the spirit of Christ and the daily striving after loving obedience to His divine commands, especially the nightly prayer expressing gratitude for blessings received. God helps us to build homes in which the spirit of heaven on earth may be experienced. You and I know that that is possible -- it is not a theory, it is not a theory. As Spencer Kimball writes in “Faith Precedes the Miracle,” “As we should have
The Molokai Arts Center (MAC) is hosting a beginning class on the use of colored pencils as media. The class will be held at the MAC, located behind Coffees of Hawaii in Kualapu`u. Four classes will be held on Thursday evenings from 5 to 7 p.
starting on Feb. 13. Cost for the class will be $60 for non-members and $30 for members of MAC. John Wordin will be the instructor, and colored pencils and other supplies will be provided for use by the students during class and available for purchase. Please call the MAC 567-9696 for additional information.
Community Contributed
Income Tax Service By Uluwehi Sai
Molokai Income Tax Service opened on Jan. 23 for its second year next to Mrs. K’s Concession. I am pleased to provide our Molokai families with accurate, dependable, and trustworthy service. I have 30 years of income tax preparation experience. Office hours are Monday, Tuesday, Thursday and Friday from 9 a.m. to 5 p.m., and Wednesday 9 a.m. to 3 p.m. Come in and drop off your information during posted hours, no appointments needed. I can prepare federal and Hawaii returns for 2013, as well as past years. Other services provided include free estimates up front, friendly and accurate service, and answering any tax questions you have. I will prepare Hawaii taxes for seniors over age 65 free of charge for those only filing to get state tax credits. I also offer free electronic filing and direct deposit of refunds to the bank of your choice for faster service. I can review tax returns you or anyone else prepared. Since Jan. 23, I have found errors in four tax returns prepared by clients as well as professional tax pre-
parers. Correcting these errors resulted in getting more than $4,000 of additional refunds for the customers that brought in returns to be checked. I can also review tax returns from prior years. If errors are found in tax returns prepared in the last three years, you can still make a correction and get the refunds you are entitled to. I provide free service completing W4s to ensure you don’t end up owing any taxes. Letting your employer know the correct amount to deduct from your payroll will ensure you don’t end up having to pay on your tax returns. I’m also available year-round for consultation on any tax problems, letters, or tax concerns, and at no charge to our customers, I can offer tax planning or assisting with correspondence from the state and the IRS. I’m here to help you get through the hassles of filing your income taxes. I am trained to get you the largest possible refund or pay the smallest amount under the law. Why go through the stress of doing it yourself? Drop in and drop off your information, and I can help you.
Pala`au Moku Requests Comments Aha Pala`au Moku News Release The Aha Pala`au Moku of Molokai is assisting in the facilitation of information of a proposal to designate a portion of Molokai’s north western coastline as a Community Based Subsistence Fishing Area (CBSFA). The main purpose of the proposal is to protect coastal and marine resources for future generations. Residents of Pala`au Moku (Hoolehua, Kalae, Kualapu`u, Kalamaula) are encouraged to participate and everyone’s mana`o is valuable and important. Copies of the proposal are currently being distributed by Moku representatives who would
like to receive comments back by Feb. 20. Comments received will be incorporated into the working draft proposal and presented back to the community in March. You can receive a copy by contacting Wayde Lee, Pala`au Moku Po`o at (808) 213-1108 or by email, walee@ymail.com. The Pala`au Moku of Molokai would like to extend a big mahalo to our community for their kuleana to protect our resources in perpetuity. For more information on Hawaii’s Aha Moku Advisory Committee (AMAC) please visit the website ahamoku.org/index.php/aha-moku.
Museum Handcrafters Molokai Museum and Cultural Center News Release For a number of years, a small group of quilters, a knitter and a weaver have met at the museum on the third Thursday afternoon of the month and pursued their various craft interests. For two years running, the quilters made a group quilt which was sold to benefit the museum. This last year, they decided instead to make small quilts
to benefit babies and children in crisis through the Project Linus program. On Thursday, Jan. 30, they mailed off nine small quilts to the project headquarters, finishing off their 2013 project. If you are interest in this type of project, you are welcome to join the group at the museum in Kalae. The next gathering will be Feb. 16 from 3 to 6 p.m.
Correction Last week’s scoreboard incorrectly noted that swimmer Kealohanui Helm was the first individual to get a state consideration time for MHS. Instead, he was the first in Jessie Ford’s four years of coaching the team, and his time broke a MHS record for the event. The Dispatch regrets the error.
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an eye single to the glory of God, so should we have an eye, an ear, a heart single to the marriage and the spouse and family.” Happy 51st anniversary to you, my wife. Your loving husband, Philip Solatorio
Lono Unplugged in Kalaupapa Wednesday night, Feb. 5, Lono charmed the residents of Kalaupapa with an old style Hawaiian “unplugged” concert at Fuesaina Bar. The happy occasion was the second celebration of Kalaupapa resident Elizabeth Kahihikolo’s 80th birthday. The intimate setting was a perfect followup to the original birthday party held one week earlier where LUP, the Kalaupapa band, treated the birthday girl and partygoers to an evening of lively tunes. Lono
had planned to perform at the original birthday party but due to inclement weather was forced to postpone his performance. Lono arrived with a large birthday card for Aunty signed by folks who had heard him play the previous night at Paddlers. A very sincere mahalo to all the musicians for making Aunty’s 80th birthday celebrations “events to remember.” Claire Cappelle
Funding Studies and Solutions Juan Trinidad’s request in the Jan. 29 Molokai Dispatch for evidence of the health risks of GMOs opens the door to a huge collection of studies that show the danger. Some organizations that compile the data you are looking for include the Institute Of Responsible Technology, American Academy of Environmental Medicine, and Union of Concerned Scientists. For example, a recent comparative pig study (Flinders University) showed, in the GMO-fed subjects, stomach inflammation, liver sickness, digestive and reproductive problems. For more information, visit responsibletechnology.org. Also, when Danish pig farmer Ib Pedersen stopped feeding his animals GM corn and soy, he noted less bloat, stomach ulcers and diarrhea. He saw his breeding stock live longer, have fewer abortions, and produce larger litters. To read more about this study, visit theecologist.org. According to the Huffington Post, Dr. Edison deMello writes, “When asked how Europeans handle GMO labeling, a European colleague of mine -- not surprisingly -- laughed as she wisely said, ‘You Americans can make such a big deal out of nothing. In Europe, this is a very easy question to answer: Research has
consistently shown that it is bad for you, so we stopped using it.” More than 40 industrialized nations either enforce GMO labeling laws or ban the sale of the stuff altogether. In response to the urgent concern in Mr. Trinidad’s letter about employment on Molokai, there is encouraging news. Those now employed by chemical companies could as well be employed in fields devoted to organic agriculture. Additionally, Molokai can enjoy (and the planet will benefit from) the cultivation of hemp and bamboo. We need to replace cotton -- which depletes soil, requires lots of chemicals to grow, and is expensive to cultivate and process -- with hemp, which actually improves the soil. Hemp, grown organically, is a source of food as well as fabric. Bamboo makes sense and can help Molokai become self-sustaining. The planet, including Molokai, is being degraded by industrial agriculture, among other practices. We can stop that by reverting to scientifically-proven organic methods. And we can grow crops that will benefit us in ways that sustain the soil, water and air. Kevin Brown
Obituaries
Evelyn Hoolaapuni “Honeygirl” Bishaw Sing Evelyn Hoolaapuni “Honeygirl” Bishaw Sing, 86, of Waianae, born on Nov. 13, 1927 in Ho`olehua, Molokai, passed away surrounded by family in Lahaina, Maui on Jan. 23, 2014. She was retired after 41 years as a telecommunications operator with the Federal government, Hickam Air Force Base and 15 years with Waianae Coast Comprehensive Health Center. She is preceded in death by parents Christian and Henrietta Bishaw; sisters Ka-
onohi Groves and Malia Rees; and brothers Christian, Elia, Jack, and Solomon Bishaw. She is survived by daughters Erilyn (Cornwell) Kaiwi of Lahaina, Kehau Kahalewai and Pua’ala Bishaw (Rich) Wilbur of Honolulu; seven grandchildren; 14 greatgrandchildren; brothers Alexander Sr. (Ale) of Ho`olehua, Molokai and David (Honeyboy) of Honolulu; and numerous nieces, nephews, and grand nieces and nephews. Visitation will be at Nuuanu Cemetery on Thursday, Feb. 13, 2014 from 4 to 8 p.m. Burial will be at Kanakaloloa Cemetery, Ho`olehua, Molokai on Saturday, Feb. 15, 2014 at 11 a.m. Family requests limiting flowers to leis only.
Michael DeCoite Michael DeCoite of Kalae, Molokai, died at his home on Feb. 8, 2014 at the age of 92. He was born on Sept. 29, 1921 in Kokomo, Maui. He is survived by his wife Jane DeCoite of Kalae; sons Clayton DeCoite of Kalae and Russell (Lynn) DeCoite of Ho`olehua, Molokai; daughters Shirlyn (Marc) Alger of Brockton, MA, Melani DeCoite of Honolulu, HI and Colette (Larry)
DeCoite of Kalae; brother Manuel “Mac” DeCoite; sister Bernice Vang; and six beloved grandchildren and two great grandchildren. Friends may call on Saturday, Feb. 15, 2014 from 9 a.m. with Mass at 11 a.m. at Saint Damien Church in Kaunakakai, Molokai. Burial to follow at the Ho`olehua Veterans Cemetery in Ho`olehua, Molokai.
The Molokai Dispatch • Feb 12, 2014 • B: (808) 553 - 4444 Fax: (203) 533-6227 | Cell: (808) 646-0837
F E AT U R E D L I S T I N G
Kaluakoi $749,950 Large 2,140 sf home on 30 acre lot with fantastic ocean views
2 Kamo`i Street, Suite #1B | P.O. Box 159 Kaunakakai, HI 96748
Email: ed.molokai@yahoo.com
w w w.molok airealtyLLC.com
H OMeS Ranch Camp $260,000 (fs)
Ranch Camp $199,000 (fs)
Beautiful 3 bedroom/ 1.5 bath home 4 bedroom/2 bath home with a gated inside a manicured gated yard. Good driveway and ocean views ocean views. Honomuni: SOLD Heights: $359,000 (fs) Unique 39’ Geodesic Dome Home. 4 bed/2 bath home in the Heights.Newly Privately located with fantastic views in remodeled with a 480sf garage all sitting the beautiful East End. on a 8,135 sf lot. Maunaloa: $215,000 (fs) Enjoy great ocean views in this 1,360 sf Ranch Camp: SOLD home. 3 bed/2 bath home with a large 2 bed/1 bath home, located in a quiet neighborhood. Close to town, carport and lanai. shopping and hospital with custom Heights: $255,000(fs) rock wall entry. 1272 sf 3 bed/2 bath home. Good ocean views.
East End: $822,000 (fs)
Heights: $279,000 (fs)
Make it Molokai
ENCHANTING OLD HAWAII
CONDOMINIUMS • KEPUHI BEACH RESORT 2244 Oceanfront unit on top floor steps from beach. $229,000 1172 Newly remodeled unit Light & airy. $99,995
Kepuhi Beach Resort: $139,000(fs)
Kaunakakai: $150,000(fs)
Molokai Beach Cottage #4: $199,000 (fs)
16,306 sq. ft., This is a prime commercial property, in the heart of Kaunakakai town. Commercially zoned with two installed water meters. Fenced with gate. Great opportunity.
Kaunakakai: $389,000 (fs) IN ESCROW Vacant M-2 Zoned. A high visibility industrial parcel 2.62 acres located in one of Kaunakakai’s busiest intersections. Water meter installed.
146 Completely remodeled & painted. Sold w/ high COTTAGE #2-B OCEANFRONT end furnishings. Unit is well maintained . Garden views & 2B/2B unit with excellent private. $199,500.NEW LISTING rental history. $450,000.
• MOLOKAI SHORES
114 Beach & ocean view unit. B-326 Top floor unit w/ Loft Good rental history. $160,000 & sitting area. Lots of light &
COMMERCIAL
remodeled with new furniture COMMERCIAL LOT IN $179,900. KUALAPU`U, A-207 Nicely furnished well- Located in desired maintained unit with rental neighborhood. 1 acre located history. $115,000 on corner on Farrington Hwy. $250,000. B-225 Ocean view condo, with tile flooring & new LR furniture. $99,000
Jill McGowan Realtor ~ Broker ABR www.molokailandandhomes.com
D-63 Top of the hill $29,900 SALE PENDING D-17 Ocean view residential lot. $63,000 F-06 10,019 sf corner lot with ocean views. $99,900
• PAPOHAKU RANCHLANDS Lot 55 Ocean & mountain views. Close to beaches.$120,000 Lot 132 20 acre lot in Papohaku Ranchlands with sweeping ocean views. $199,000 Lot 237 Second tier oceanfront $294,850
Ke Nani Kai:$19,000(fs)
One-Sixth time specific ownership. Great ocean views in this 1 bed/ 1 bath. Furnished and well maintained. Call for more details
Lot 199 Oceanfront private location close to Dixie Maru Beach. $775,000.
• KAWELA PLANATAIONS Lot 54 SUPERB 3 island views $199,000 Lot 225 on Makanui Rd. Nice ocean views with partial sunrise & sunsets. $135,000 NEW LISTING • EAST END Honouliwai Bay with views of 3 islands. Survey & Deeded access available. $160,000
•KAUNAKAKAI 1527 Puili Place close to town w/ ocean views. $57,960* 1531 Ocean view lot close to town. $72,960* *1527 & 2531 ARE SOLD TOGETHER
“EXPERT ADVICE & PERSONAL SERVICE you can TRUST” REAL ESTATE: NEW
Learn strategies. Build confidence. Discover your passion.
PRICE REDUCTION
HEIGHTS - A Great Fixer Upper! Bank owned partial ocean view. 3 B/2 B on a large lot. Spacious covered lanai greatly increases outdoor enjoyment, while carport and utility shed provide storage. $198,000
WEST SIDE COTTAGE - Live in your cottage while you build your dream house that sits on 5.59 acres on this ocean view parcel. Garage under cottage.Total Solar. Priced to sell at $475.000
Time for new hands for the Cook House. After years of running it, owner’s want to sell. Call for more information. Business only $150,000
tuition stipends available!
Baccalaureate Certificate in Special Education (PB-SPED) program at the University of Hawai‘i at Mānoa, College of Education, leads to teacher licensure at the pre-k-3, k-6 or 7-12 level. Applicants choose between a mild/moderate disabilities or severe disabilities/autism emphasis. The PB-SPED is offered statewide to those with a Bachelor degree in any field.
2 bedrooms, 1.5 bath beautifully landscaped. One of 10 homes on this property. Great ocean views, next to an ancient fishpond. Prices to sell.
HOME SITES
• MAUNALOA VILLAGE LOTS D-97 Level lot ready to build. Nice views of the rolling ranchlands. $59,500
Accredited Buyer Representative| Jill@molokailandandhomes.com 808-552-2233 Direct|808-552-2255 Office
The Post
Studio unit #2214 with loft. Enjoy nice ocean views just steps away from the beach.
sweeping ocean views & amazing sunsets. Cool trade winds and quiet location. Offered at $199,000
TM
Post Baccalaureate Certificate in Special Education A Statewide Program
Co n d o s
Kaunakakai: $399,000(fs)
*Featured Property- Papohaku Ranchlands Lot 132 ~ 20+ acre residential home site with
808.552.2233
• KE NANI KAI
Co m m e rC i a l
l an d 2.280 sqft 4 bedroom, 3 bath 3 bedrooms / 2.5 bath, home in the heights. covered garage with a home. Jacuzzi, gourmet kitchen Ranch Camp: $89,000 (fs) Papohaku: $350,000 (fs) with granite countertops sitting Great ocean views. Water meter spacious screened lanai Lot #121, large parcel 21.184 acres of on a large 2.5 acre plus lot installed. Close to schools, town and gentle sloping land. Across the street from Pophaku. Kawela Beach: $775,000 (fs) hospital. A lovely 3 bed/ 1 bath home with Ranch Camp: $225,000 (fs) Heights: $96,000 (fs) 3 bed/1 bath, with large double Ranch Camp: $99,500 (fs) separate 1 bed/ 1 bath suite. carport, roofed lanai with ocean Gently sloped lot on a quiet cul de 10,477 sf lot in the heights Manila Camp: $169,000 (fs) views and solar water heater. sac.Wonderful ocean views Halawa: $140,000 (fs) 3 bed/1 bath home with great 2 full acres, beautiful untouched land. Kawela: $155,000 (fs) ocean views from the large lanai Ualapue: SOLD Nice level lot. Great location. East End: $200,000 (fs) IN ESCROW 3 bedroom/2 bath home in Kaluakoi: $749,950 (fs) Mountain side on Kam V Hwy. 2.001 acres of prime vacant land with beautiful east end. Many 2140 sf home on 30 acres with water meter. Incredible mountain views! upgrades in quiet cul-de-sac. ocean views.
Molokai Land & Homes
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KAWELA PLANTATION 217- Great ocean view from this 2 acre parcel. Very close to town. See Sunrise and Sunset from this affordable lot. Priced to sell at $114,000
KAWELA AREA - Over an acre of land on the water. Paddle in and out every day of the year!! $399,000
Statewide Program Features
EAST END - Rare Find: One acre of land about 13 east of town. Large Kaiwe trees for shade and wild basil through out $125,000
EAST END - Just Listed: This cozy 3 bed/1.5 bath home in Kaluahaa for sale. Owners are licenced agents in HI. Priced to sell at $240,000
Steps to the Water’s edge. Located 3.5 miles east of town next to the Fishpond. $699,000 Our Meyer Building office has all the listing of our long term houses and condos available or a rental application.
FOR VACATION RENTALS: Call MVP @ 800-367-2984
Located in the Meyer Building off the Wharf Road: Mon - Fri 8 to 4:30 Visit www.molokai-vacation-rental.net or call our office at 553-8334
• Stipends, partially covering air travel and overnight accommodations, will be provided for required 2 faceto-face meetings. • Classes taught online via interactive web-based course delivery or during non-working hours.
Application Deadline: March 1, 2014 University of Hawai‘i at Mānoa • College of Education • Department of Special Education 1776 University Avenue, Wist 120 • Honolulu, HI • 96822 • (808) 956-7956
Kualapu`u Cookhouse Molokai’s Eating Landmark Hwy 470 & Uwao St Kualapu`u, HI 96757
808-567-9655
EARLY BIRD DINNER Country Fried Chicken with Rice & Mac $10.95 3 - 4 pm | Take out only
EARLY BIRD BREAKFAST Single pancake and bacon - $6.99 7 - 8 am | Dine in only
Daily Breakfast & Lunch Specials – Call for take-out – 808-567-9655
Dinner Schedule Monday 7 am - 2 pm, Tues - Sat 7 am - 8 pm Now open on Sundays from 9 am – 2 pm with breakfast all day
Catering available - CALL FOR INFO Breakfast: 7 am - 11 am | Lunch: All Day
W E D N E S D AY lunCh sPeCial:
reuBen sandWiCh dinner sPeCial:
SEAFOOD SPECIALS FeBruarY 14 at 5 Pm
S U N D AY
VALENTINE’S DAY NA OHANA HOALAHA BY DINNER SHOW FolloWed BennY & doug
With melveen leed tiCkets availaBle at Paddlers inn and raWlins. limited seating
CHICKEN DINNER
T H U R S D AY
ITALIAN DISHES everY thurs, aFter 5Pm seaFood Pasta-sPaghetti and meatBalls , Fresh oYsters
TGIF
VALENTINE’S DAY DINNER SHOW
With melveen leed
5 COURSE DINNER
M O N D AY
T U E S D AY
CHINESE DINNERS
LONO
egg Fu Young /BlaCk Bean mahi mahi
serving BreakFast everY sat & sun at 8am
553 - 3300
SATURDAY
AINA STUFFED CHICKEN/ PULEHU RIBEYE
6 TO 8 PM PRIME RIB AND FRESH FISH DINNERS PA D D L E R S I N N B A R & R E S TA U R A N T
“Serving the Island Community”