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PC-29 Page 2 September 6, 2017 <br /> On September 6, 2017, Council Member Maile David commented regarding her personal <br /> observations, and explained that Ka`u is one of the few places left on this island that has <br /> maintained its unique cultural landscape. She stated that this is a valid piece of legislation that <br /> maintains and guarantees everyone's rights to utilize established laws and procedures. <br /> Ms. David then stated that the CDP is to be adopted, according to the Hawai`i County General <br /> Plan. <br /> Council Members Lee Loy, Chung, Richards, O'Hara, and Kanuha commented with several <br /> concerns such as: the passing of this CDP causing unintended consequences; the need for <br /> clarification of the decision on the Missler case; how the CDP will be applied to the General <br /> Plan; whether this is a recommending or mandating document; and a request for a discussion to <br /> take place in executive session. <br /> Chair Eoff commented that she is not troubled by the Missler case, and is glad for the <br /> clarification in the recent decision. She commented that any discussion regarding the CDP <br /> should take place in open session unless Corporation Counsel suggests that we discuss it in <br /> executive session. <br /> Council Member David explained that in stating her position, she took into account all serious <br /> concerns, and wants to move towards adoption. She said her position is also based on <br /> information from Corporation Counsel and the Planning Director, who studied the Ka`u CDP. <br /> Council Members voted on a motion to go into executive session with seven"ayes." Council <br /> Members Chung and Ruggles were absent for this vote. <br /> After returning from executive session, Council Members resumed the meeting in open session. <br /> Planning Director Yee, in response to inquiry, stated that this document is intentional regarding <br /> the"shalls" and what a"wish" is. Corporation Counsel Kamelamela stated that he is very <br /> comfortable with the Ka`u CDP. The vote was taken on the motion to approve, and passed with <br /> nine "ayes." <br /> Your Committee on Planningis in accord with the purpose and intent of Bill No. 52, and <br /> P rP <br /> recommends its passage on first reading. <br /> wb <br /> AYES NOES. ABS EX Respectfully submitted, <br /> CHUNG X <br /> DAVID x COMMITTEE ON PLANNING <br /> EOFF X <br /> KANUHA X <br /> LEE LOY X <br /> O'HARA X <br /> POINDEXTER x KAREN EOFF, CHAIR <br /> RICHARDS X PC REPORT NO.: 29 <br /> RUGGLES X ADOPTED: SEP 2 0 2017 <br />