2009-08-28 TKOHALA - Laserfiche WebLink

Home

WATANABE: Yeah, this is the Commission -. FRANKEL: ThatÓs right. WATANABE: This is not the Council. FRANKEL: Right. But this Commission approved the five acres and went to the Council and -. WATANABE: This Commission never approved the five acres, sir. This Commission never arrived at the decision. We never got a majority vote, so, okay? FRANKEL: ThatÓs correct. It came from the Planning Director; you folks did not reject that. WATANABE: Right, okay? Thank you. Okay, if that is all that we have with the public testimony, then I believe Mr. Gonzalez is ready to provide us with -. STAFF: One more. WATANABE: Oh, give us a second then. FLAHERTY: Aloha, my name is Charles Flaherty. I live -. P. O. Box 922, Captain Cook, HawaiÒi 96704. WATANABE: Okay, can I swear you in? FLAHERTY: Oh, yes, go ahead. WATANABE: Do you swear or affirm to tell the truth now before the Planning Commission? FLAHERTY: Yes, sir. WATANABE: Thank you. You may begin your testimony. FLAHERTY: Thank you very much. I participated in the debate on the County Council when this issue came before the County Council, and it was very clear that it was the publicÓs and the CouncilÓs wish that this property, actually they were wanting it to be zoned to, I think, where there are only three houses on the property. There was some debate about the Supreme Court ruling as far as whether itÓs a taking or not, and I myself have done research, and just want to reiterate what Mr. Frankel said that this does not constitute a taking, that standard is that if at least ten percent of the property value is maintained, then that a taking. So I just wanted to reiterate that, and communicate to you all what the County Council, when this matter was before the Council what their position at that time was and the communityÓs as well. Thank you very much. EXHIBIT B 13