COM 0042.079 2004-2006 - Laserfiche WebLink

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Honorable Gary Safarik, Chair and Members of the County Council February 2, 2005 Page 4 the development of new technologies to manage east Hawaii refuse would be considered" in any update to the solid waste management plan. It is clear that while no specific reference to a "waste reduction technology' is mentioned, the general plan envisions updates to the solid waste management plan and the possible construction of innovative or new technologies. So long as the waste reduction facility helps take care of the problem posed by the closure of the Hilo landfill, reduces the waste going to Pu'uanahulu, and reduces pollution, such a facility implements the general plan. 3. The Council Committee took several parcels in Kona out of the Important Agricultural Land designation base upon the testimony of its landowners. Is there merit to a challenge that the Council is unequal in its application of policy to other lands or any other legal principles? Answer: Review, amendment and adoption of the general plan envisions a process where both state and county agencies as well as the general public provide input on the proposed revisions to the current general plan. The Council heard testimony both written and oral regarding the historical use, the current use, the soils and viability of agriculture on these lands from the landowners and their representatives in addition to the input of the county's planning department. In its deliberative process, the Council necessarily weighs the information provided to it and then must make a decision as to the proper designation of the lands within the framework of a comprehensive general plan for the county. This is a fact and policy based analysis and the decision to retain the existing designation of these lands has ample information presented to the council to justify its decision. The mere fact that there may be similarly situated lands that the Council does not retain in extensive agriculture does not equate to unequal application. The decision to change or retain land use designations is based upon the totality of the information presented to the Council. The fact that the Council may have given more weight to some information is not an error of law or an abuse of its discretion. 4. The definition of the Conservation Designation is proposed to be expanded as follows: