REP PC 082 04/08/2008 2006-2008 - Laserfiche WebLink

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Communication 998 Bill 237 Page 4 of 6 Councilmember Naeole expressed concern regarding ensuring the culture is preserved and preventing portions of the culture being erased. Councilmember Yoshimoto said he would not want to make a decision without all necessary information being available and noted that the rational and wise approach would be to get all the information first and therefore is in support of a postponement. A motion by Councilmember Yagong to postpone this matter to the Planning Committee meeting set for April 8, 2008 was approved. At the April 8, 2008 Planning Committee meeting, the applicant and applicant's attorney, Steve Lim, were unavailable. Two members of the public provided public testimony at the Waimea Council Office. Mr. Mike Isaacs and Ms. Gail Byrne both testified in support of Bill 237. Mr. Isaacs noted the devastating impacts upon the coastal area over the past 30 years and the Kohala community's ongoing efforts to preserve and protect this very important cultural and natural resource. Ms. Byrne, representing 400 families of the Kohala community also supported this measure stating that many changes have occurred since the application was filed, and that any development allowed along this coastline will further adversely impact ocean resources and impose human health concerns. Chair Hoffmann noted that the downzone is consistent with other zonings in the general area and that he believes Director Yuen's approach to this situation is correct and consistent with the tenor of the CDP for North Kohala and desires of the community. Chair Hoffmann also recalled that postponement was based on applicant's desire for a one-month delay which the Council accommodated, but applicant has failed to appear. Councilmember Ford stated that a meeting she attended disclosed information that the coral reef outside this coastal area is covered with 15 to 18 inches of silt and soil and that the coral reef will soon become nonexistent. Ms. Ford said her concern is not only that of environmental issues but economic issues as well, because impacts upon fishing resources, fishermen and the tourist industry will be greatly affected by further degradation. Council member Naeole stated that considering the testimonies submitted and that of Mr. George Ahuna at the public hearing the night before, who was very angry because of the deterioration of the ocean resources in this area, she believes that as leaders of the community and Hawaii Island, the Council needs to take a stand. Councilmember Yagong stated he felt this was the right thing to do, however, anytime a "taking" of property argument exists, he felt the Council must be very careful, especially in light of the documented serious legal issues that may arise, and needed to first determine whether the Council is on the right track and on solid legal ground. Deputy Corporation Counsel Self stated that having reviewed and checked into the claims of improper notice procedures, she determined that the Planning Director and the Planning Commission followed all procedures they were supposed to, and that although notice of a continued hearing is not required by Chapter 91 or Chapter 92 of the Hawaii Revised Statutes, the. Planning Department did provide notice and went beyond what was legally required of it. Ms. Self also stated that on review of Professor Callies' opinion, it was unclear whether he was provided all appropriate information upon which to base his opinion. Ms. Self stated that the