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This is an agricultural residential area not a parry zone. Thank you. <br /> CARR SMITH: Thank you very much Sandy. Commissioners, any questions? Seeing none. <br /> Thank you and Michael for your testimony you folks can drop off the call now. Thank you very <br /> much. Okay, Toni Withington. <br /> WITHINGTON: Good morning Commissioners. My name is Toni Withington. I am a resident <br /> of Kohala for 50 years. I have a longtime background in Hawaii planning and land use matters. <br /> I've been aware of Puakea Ranch following the activities as a member of the Growth <br /> Management Group of the North Kohala Community Development Plan. <br /> I admire Christie Cash for her passion and her dedication to the ranch and to its history and to <br /> her many, well-appreciated contributions to community organizations. My testimony is not <br /> about her, it's about the Planning Department and how they've handled this conflict. It has been <br /> almost a dozen years since Planning had first cited the ranch for violations and it is been unable <br /> to get them to cease and desist or to fix their permits. What I don't understand is why the <br /> Planning Department is operating as an advocate rather than an enforcer. <br /> In my written testimony I have said that there are many things in the files for Puakea Ranch that <br /> are not in the background and recommendation. I had shared some of them with you in my <br /> testimony. The two things that are most important to the permitting part is the first is a letter of <br /> Notification of Violations that was sent in 2009. In it the Department said she has no permit to <br /> do for what she does, and she has no building permits. Basically, the owners of Puakea Bay <br /> Ranch, Puakea Ranch bought thirty-two (32) acres of raw land, agricultural land in 2006 and <br /> build a hotel on it. They did not get permits to operate the hotel or get permits for construction. <br /> The land remained taxed as raw land for six years while they operated the hotel. <br /> The other piece of material from the Planning Department files is a letter that was from the <br /> Department of Public Works that was sent just in July and in it they cited all the buildings that do <br /> not have permits. They also cited thirteen (13) structures which is more that was cited in 2009. <br /> The difference between these two are almost identical and they expand eleven (11) years. <br /> The County has codes and regulations that are designed to ensure development is safe and <br /> comfortable with minimum negative impacts on the environment, the neighborhood, and our <br /> cultural treasures. To approve this out of sequence request will further condone the developers <br /> with disregard for these regulations. I urge you to deny the request, tell the Planning Department <br /> to follow the rules of the County which you represent. <br /> CARR SMITH: Thank you very much. <br /> WITHINGTON: "- - -" not sure whether proper development. Thank you. <br /> CARR SMITH: Thank you very much. Commissioners, do you have any questions for Toni? <br /> Very good, thank you Toni appreciate your testimony you can drop off the call now. <br /> WITHINGTON: Thank you. <br /> 10 <br /> EXHIBIT A <br />