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Apparently, not everyone is beginning to understand. If you do not recognize the attempt at retaliation by a close associate of Mr.Ellis, and think only that I have gone on the attack out of some personal grudge, you have missed the point entirely. Mr.Ellis and his cohorts have a long history of bad relations, which they prefer to use bullying and intimidation to deal with, rather than a civil approach. Yes, I have thrown the first stone on this forum, but it was never the fist stone, ever. That is why I firmly believe that these are the last people who should be controlling community development. Seaview is a subdivision which anyone in the world can move to. A community center, if there is to be such, needs to reflect that. If the SPACE in-crowd wants to have a private club, that is their business, but it should not operate under the pretense of being a "community" organization, and they should not be given special treatment under that pretense, whether it is extra permitting, tax breaks o government grants.
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It is all very enlightening.
Assume the best and ask questions.
Punaweb moderator
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quote: Originally posted by Ghoffeld
I will bring copies of the county rules to the meeting.
Don't need those rules.
BRING A COPY OF THE SPECIAL USE PERMIT AND ALL STIPULATIONS,
this way the people can see for themselves, exactly:
1. What was agreed upon.
2. What was stipulated.
3. What they told the County was the operations.
4. What they agreed they WILL NOT do.
BRING A COPY OF THE VIOLATION NOTICE,
this way the people can see specifically what the County said is being violated.
If available at the time of the meeting, BRING THE CEASE & DESIST ORDER,
this way the people can see for themselves if the CoH is going after the operation based on what the people think are the issues.
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SPACE has organized this community meeting to get community input, both support and complaints, which we want before going into the permitting process.
We have not yet received any notice of violations nor have we received a cease or desist order.
We will have copies of our existing Special Use permit, profit and loss statements as well as our 990 IRS tax returns available for anyone to check out at the meeting.
We are not afraid of transparency, in fact we welcome it.
The more people understand about who we are and what we are doing the better we can find a solution to these legal issues based upon the facts.
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So, as of right now, this is an internal discussion and ALL the talk and comments about the GOVERNMENT being the bad guys is nothing but a bunch of BULL! Am I correct that the CoH has taken NO formal actions against SPACE? That this is all occurring because SPACE initiated the community meeting for information exchange and not in response to ANY action by the GOVERNMENT?
You really got to get that word out because on here and other blogs, people are saying that the GOVERNMENT is attempting to take action against SPACE and until you posted this, nobody has attempted to correct that FALSE belief.
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We had an inspection 2/11 by Scott Leonard of Planning, he sent an e-mail which is now publicly circulating (and on the Big Island Chronicle blog)listing our violations
Scott also informed one of our SPACE members on 2/17 that the paperwork for a 'cease and desist' order was being worked on.
Whatever action the county chooses to take at this point SPACE is committed to involving our neighbors in the process so that our activities become approved by our community and our government.
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Bob, I haven't seen much commentary about the government being the bad guys in this specific incidence. Though there is general talk about the failure of the county to plan effectively for the growth of Puna now and in the future. Primarily what I have seen is that the county is responding to one or more complaints.
It would appear, from Graham's post, that SPACE is acting in anticipation of possible county actions. I see nothing wrong in that. It would also appear that SPACE is considering an application for other uses. Such an application would be subject normal process including community input.
Thank you Graham for the update.
Assume the best and ask questions.
Punaweb moderator
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I have sat on the sidelines on the SPACE issue because 1) I don't live next door so I cant truly understand all the impacts to the neighborhood 2) I have enjoyed events there occasionally 3) We do need community areas in Puna.
But today I received an email forward (sent to 100+ people) this morning sitting here in Puna from someone on the West Coast who doesn't live here, and never has lived here, and doesn't have any investment on the Island let alone near SPACE. That was what I found offensive about this situation now - it is growing from the Sea View community making a decision about their own neighborhood to people off island mobilizing to influence a decisions.
-Cat
Here is the excerpt -
[i] Please share this letter from County Planning Dept. with others, many others, everyone who supports our efforts to provide a sustainable community center for lower Puna.
If SPACE is going to ride this wave we will need all our friends, members and supporters to stand up and be heard and counted.
We are only doing this for our community and can only do it with our community support.
Unless we can obtain the approval of the County administration we will not be able to continue.
Please come to give support and testify at the Community Relations meeting on Sat February 27th 12.30 at SPACE.
aloha,
Graham
(and letter from planning follows)
This is the letter we got from the Planning department:
Yesterday I Met with Graham Ellis of the Seaview Performing Arts Center for Education (SPACE) because we have received various complaints of neighborhood disturbances that include loud performances, illegal parking along the street and use of the property in violation of the conditions of their Special Permit (No. 1122). Mr. Ellis acknowledged that many of the activities SPACE is engaged in are not in accordance with their Special Permit.
The first thing I noticed was a day school in session. The school is a satellite of Hawaii Academy of Arts And Sciences (HAAS) charter school. They have about 30 to 40 kids attending. Having a charter school at the facility is not a permitted condition.
I requested a tour of the property. Walking all of the roads I observed eleven dwellings of which maybe 5 are permitted. Mr. Ellis acknowledged that several are without permits. There are other structures that are for agricultural use that are probably unpermitted. Special Permit condition number 4 specifically addressed that all dwellings had to be properly permitted. Unfortunately the Special Permit did not identify how many dwellings at the time the Special Permit was issued were unpermitted. However, it appears to me that some dwellings look relatively new and have been added since the permit was issued in 2001.
I sat down with Mr. Ellis and showed him a SPACE Newsletter dated June 2008 and said that all of the activities listed were not permitted activities. The activities listed in the news letter as well as others that have since been added include: the farmers market, bazaars, jazz cafe, community movie nights, drama workshops, family parties and group events, and music performance programs. None of these activities are permitted. Mr. Ellis acknowledged that SPACE is no longer abiding with their permit because times have changed. Mr. Ellis took issue with me when I said that activities such as dance workshops and similar events are illegal because he sees them as a function of their performing arts center. Performances of any kind (condition 5) cannot be held on the property.
SPACE is holding a community meeting on February 27, 2010 to address community complaints and what the future plans of SPACE are to be. They have invited Councilwoman Ms. Emily Naeole-Beason to attend who they say supports their efforts. The councilwoman should be made aware of the current Special Permit violations. The purpose of this February 27th meeting, as Mr. Ellis explains it, is to lay the framework for an amendment to the Special Permit that will allow the current activities. I recommend that someone from the Planning Commission division attend this meeting.
I was confused with the different organizations that are involved with this project. Mr. Ellis explained that SPACE is a 501c(3) that is responsible for the programs and Village Green Society Ltd is a 501c(2) is responsible for the land. The Village Green Society Ltd shows up as the owner on the Real Property Tax records. The Special Permit Application is for Hawaii's Volcano Circus. I recommend that any future permit provide a clear description as to the association of these entities.
In conclusion, Special Permit conditions are certainly being violated. I told Mr. Ellis that he should stop all of the illegal activities with the exception of the Charter School since the Mayor has asked for us to work out a solution and not disrupt the schools. I did not order Mr. Ellis to stop because I do not have the authority to do so.
If you have any questions concerning this matter please don't hesitate to contact me.
Scott
Scott D. Leonard
County of Hawaii Planning Department
Zoning Inspector
(808) 961-8151
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Looks to me like they need to apply to get it rezoned CV or CN.
A Farmers Market is not allowed in that zoning as the code is now written for A-3a.
A separate use permit would allow the charter school to continue.
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Cat,
Thanks for sharing. Very illuminating.
Dan
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