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LUCE: Mike Luce, Box 1299, Kapaau. It’s good to see you again. We <br />met I believe it was at the Marriott hearing on the Kohala Community Development Plan. <br />th <br />I’ve asked staff to just pass out a testimony I submitted to the Steering Committee on 19 <br />March of this year. It basically suggested some policy language whereby the Steering <br />Committee might adopt consideration of landowners rights and property values as a <br />policy in the North Kohala Committee Development Plan. The Steering Committee <br />should be praised for all the work it has done, as did Allen Salavea and staff. An <br />enormous amount of work was done in a very short period of time. The Steering <br />Committee feels that they have acknowledged the preservation of property owners rights <br />and land values within the document itself as a whole, even though they didn’t give a <br />Section 3.3 proposed key policy to it. <br />I just, the reason I passed this out today is I kind of wondered if you folks ever saw this. <br />And the reason I ask you that is I can’t find in the public file any correspondence, or <br />testimony, or anything submitted by the public to the Steering Committee, or by the <br />Steering Committee to the Steering Committee, or by the Steering Committee back to the <br />public. I went over to the file to look for the recently adopted language, I couldn’t find it. <br />There was a letter from Surety at the last meeting, I couldn’t find it. I can’t find any <br />minutes of previous Planning Commission meetings on this CDP Plan. And I’m, this is <br />why I passed this out. There’s a lot of good testimony that went in. And I listened to <br />your previous agenda item, and you were all very concerned about letters that were <br />received and getting them filed, and being available and in the public file; and this is <br />called the Sunshine Law. And I want to go on record, and that’s why I’m here today, just <br />expressing my concern that this process because it was rushed, not because of malicious <br />intent on anybody’s part, the public record is grossly inadequate. <br />Continuing on two things I’d like to see changed in the current draft CDP, one has to do <br />with the Cultural Section 4.1.7 that you mentioned earlier, sir. On page 47, it begins, I <br />believe, let’s see, I’ve got to make sure, excuse me, 4.1.7 is page 37, I do believe. All <br />that I’d like to see added to 4.1.7, I don’t think it’s a substantive change, is just would <br />you please include the landowners, in consultation with the landowners. And it’s in all <br />the public access action steps. And I’m going to look up my own doc here, Page 37. <br />4.1.7, “Action Steps, WHAT needs to be done - All steps should be done in consultation <br />with the community, scientists, natural resource managers, and cultural experts.” What <br />happened to the landowners? Wouldn’t it be nice to get their input, too, affected <br />landowners? The Public Access Section of this CDP Plan has consultation with <br />landowners in determining public access. I think the landowners should be consulted if <br />something is going to be earmarked as a cultural, culturally relevant site and have a <br />buffer around it. I think you need -. Anyway, that’s Change No. 1, small, just include <br />“landowners” please. <br />Another reason I’m concerned on this point is that as just was stated the question came to <br />Fern, how, you know, who’s going to determine these things? The number two answer is <br />- I don’t know if you picked up on it, the question was asked Fern, who we worked <br />closely together on this, there’s no animosity or anything - it’s just that Fern’s answer <br />was that’s the subcommittees of the action committees. Then someone else said you <br /> EXHIBIT C <br />5 <br /> <br />