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From: Claudia Rohr [cloud@hilo.netj F~~i; 1 <br /> Sent: Thursday, February 24, 2005 11:33 AM <br /> To: Higa, Stacy; Safarik, Gary; Holschuh, Fred; Arakaki, James; Ikeda, Donald; Isbell, Virginia; <br /> Hoffmann, Pete; Jacobson, Bob; Pilago, K. Angel rafldcultestimony@co:hawaii.hi.us; <br /> chris_yuen@co.hawaii.hi.us; pat_koga@co.hawaii.hi.us <br /> Subject: Bill 356 and 355- Continental Pacific, LLC <br /> Gary Safarik, Chair <br /> Hawaii County Council <br /> County Building <br /> 25 Aupuni St. Hilo, HI 96720 <br /> Chris Yuen Planning Director <br /> Hawaii County Planning Department <br /> Re: Bill 356 and 355 <br /> Dear Honorable Chair Gary Safarik, County Council Members, and Mr. Yuen, <br /> I am formally requesting that the all easement conveyence documents (in favor of the County) to formalize and convey the <br /> public accesses at Continental Pacific, LLC's Pepeekeo makai subdivision Increment I be received, reviewed as to form, <br /> survey pins inspected, easements formally reviewed and approved by the Council for dedication purposes, and the <br /> documents recorded at the Bureau of Conveyences rip or to the Council's second reading of Bill 356 and 355. <br /> I have been under durress since January 2003 because no public access easements had been formalized, approved, <br /> recorded, or officially opened. At first I was discouraged completely from going to the shoreline at Pepeekeo. Recently, I <br /> have driven and walk past no trespass signs to use the trails to the shoreline in fear. I have been forced `to accept just the <br /> developer's representative's word that the public was being allowed to use the trails. At times I have found the openings to <br /> the trails wired shut. Just recently I parked and walked 3000 feet to and along the lateral trail to be barred from continuing <br /> to my destination by barbed wire. I am now being accused of "attacking" the developer in Council hearings. I am now <br /> being personally threatened because the County has failed to require compliance with Chapter 34. The Council did not <br /> take a proper stand to abide by the law and refuse to review Bill 355 and 356 until tk~e legal requirements of Chapter 34 are <br /> met. Why should Continental Pacific LLC comply? <br /> I have been testifying in hearings since September of 2003 that this subdivision has legal irregularities until HCC Chapter <br /> 34 requirements are met. I have carefully detailed out the irregulaities for you. <br /> I have a right to review the public access easement documents and pins on the ground to see if Continental Pacific, LLC is <br /> following through with the representations made concerning vehicular access in the Planning Commission hearings, to see <br /> if the parking areas are adequate and to the capacity represented in the Council hearings, and to see if the location of the <br /> trail is passable etc.. Representations are not enough. <br /> I do not understand the reluctance of the Council to take a clear stand on this matter. I cannot see any justification for <br /> even considering these applications for a rezoning and SLU because of the irregularities in regards to Chapter 34. <br /> I cannot understand the reluctance of the Council to uphold the law. <br /> I am asking that the Council postpone or reshedule the hearing date, or formally defer deciding this matter until such time <br /> as the public access easements are formally recorded at the Bureau of Conveyances and formally and legally declared <br /> open to the public. <br /> Sincerely, <br /> Claudia Rohr <br /> 369 Nene St. ~ <br /> Hilo, HI 96720 Comm. No. I <br /> <br /> 934-8040 Ref. To: Present. <br /> ref. Uate <br /> i <br /> <br />