2020-10-01 Exh A Public Testimony (PD Initiated Relating to Use Permits)

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RAFFIPIY: Thank you ma'am now you may proceed. HARDEN: Yes, okay, thank you. So, I am testifying on agenda one, I understand it was dropped postponed. So, first I want to thank you folks for your service on the Commission and thank the staff for getting this online thing working. Let's see and I believe the item was postponed because people raised concerns that the text of the amendment wasn't available to the public until two (2) days before the meeting. I think it was postponed because of Sunshine Law considerations and I appreciate if that was the reason appreciate it was done. But I'm doing a testimony kind of as a heads up for when it comes around again. My biggest concern are two provisions that might allow bad projects. One, right now a written objection is enough to stop a project, but the amendments would change that to be a contested case hearing and you folks all know what a contested case hearing involved. A great deal of work for the person filing the case often at the expense of hiring a lawyer. We should keep it to a written objection to stop that projects from getting through. Second concern right now the projects are automatically approved if a Commission does not decide by the deadline. Instead, they should be automatically denied, to follow precautionary principle and keep bad projects from getting through. What if the Commission work gets disrupted by an eruption, tsunami and storm or a pandemic like we're having now and to give denied applicants a second chance there could be some kind of expedited simplified process for them to reapply. I think is should be automatic denial and not automatic approval. Couple other concerns the amendments talk about the close of public hearing, but it is not clear if they mean Planning Commission, Board of Appeals, County Council or Court. Also, a permit can be revoked if a Director sees there's non-compliance with conditions, or threats to health and safety. But if the Director isn't doing anything there should be a way for the public to go straight to the Commission. And last, we should keep the current language saying a permit can be revoked if the use has been abandoned for two (2)years. The revisions would require a written statement of abandonment from the owner but, what if the owner refuses to write a statement. Alright, thank you for your attention. JACKSON: Thomas, you are on mute. RAFFIPIY: Thank you very much, thank you Ms. Harden, thank you Maija. The testimony ended at 9:10 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Temporary Assigned Secretary 2 EXHIBIT A