COM 0092.036 2004-2006 - Laserfiche WebLink

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PROJECT PLANNERS HAWAII 5375 Kalaniartiaole Highway Honolulu, Hawaii "96821 April 4, 2005 County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Tcstrimony on Bill 356 Continental Pacific 1,LC Pepeekeo. South Hilo. Hawaii Dear Council Members: Council Member Virginia Isbell informed me on April 1. 2005, that the Continental Pacific LLC hereinafter ("CP") hearing on Bills 355 and 356 was postponed for one month. I would appreciate being informed of the new hearing date as soon as it is set so I may plan accordingly. As requested in my testimony at your last hearing, 1 would appreciate receiving a copy of the dedication document(s) together with maps therefore so my clients Hawaii Fishing News and Hilo Casting Club will have adequate time to reviev~ and mak: comments on them prior to the next hearing. [feel this public input and partieipatien is very important. This is especially important as the comments will come from actual users of the subject access areas. In speaking to Mr. Steven Lim. Fsq. attorney for CP, surveyors for CP have recently surveyed the easement areas and it will be a whi]e before legal descriptions therefore are completed. Further the Pepeekeo Communit<j Association ("PCA") has declined acceptance of all easements based on legal issues arising from liability and maintenance. 'T'his circumstance leaves only one Grantee for said easements, being the County of Hawaii. Steven also mentioned that the hearing for March 6, ?005 is still scheduled. 1 respectfully ask all Cow~cil members to vote for a postponement of said hearing on Bill 35fi until such time Continental produces the easement documents as mandated by the Council. These documents arc the basis for public comment and review, and if submitted at the "eleventh" hour, will cause hardship on my clients. They have a genuine concern these access points be conveyed to the County prior to rezoning and further development. In my Fax Transmission dated April 1, 2005, providing written testimony to this honorable Council, a copy of which is attached hereto, I raised several other issues similar to PCA's. being maintenance of the public access points and sanitary facilities for resident users. These concerns are still important R~r obvious reasons. l hope they can be resolved with CP as in past precedents iu West I lawaii. Public rights to the shoreline are protected under Chapter 34 and in this insi,mt case supported by testimony before tL•e cAt>M.. No. ~.•3b Ref. 70: Pra+a~ Ref. Late Honolulu Phone (808) 373-2989 • Kona Phone (808) 329-9724 -Kona Fax (808) 326-2789