|
mean the action committees, and she said yes. That’s two different answers. My
<br />understanding is the Action Committee will be subject to Sunshine Law. You know,
<br />meetings have to be noticed. The Subcommittees I’m not so sure. And I just wanted to
<br />share with you a small case that happened where we had a four-hour meeting on a Friday.
<br />Public and the focus groups and the Steering Committee did a round-robin session where
<br />the focus groups met with each other, hashed out their differences, found out what they
<br />could live with, reached consensus, and in this case was Public Access Committee and
<br />the Infrastructure Committee. You know, Infrastructure Committee added this, gave up
<br />that, did this and that. Public Access Committee gave up this, added that, put this there,
<br />did that there. Everything is fine. We come to our next meeting, four-hour meeting, the
<br />following Monday only to find out that the Public Access Focus Group has had, I call it
<br />Sunday in the park, a 4 p.m. Sunday meeting in the park pavilion with a handful people
<br />that recanted everything that was agreed to on Friday night in a duly published meeting.
<br />This happened. You know, we come back Monday all bets are off.
<br />And what you see here segue into my second point that I’d like to see changed is Section
<br />4.2.5. This is Public Access. I praise them for including landowners. But we talked
<br />about at the last Planning Commission meeting at the Marriott, for which there are no
<br />minutes yet, the addition of, and now I go, it starts on page 47 and the list is on page 51,
<br />the long-term list of potential public access sites. We had quite a discussion on that, that
<br />when this plan is adopted by ordinance these becomes disclosable elements to real estate
<br />sales. If your property is potentially impacted there is a duty to disclose. And the
<br />Director confirmed that even those, these, and correct me if I’m wrong, that even those 2
<br />½ or 3 page list with 41 different items on it is long-term and suggestions, that when an
<br />application is received for a subdivision or probably a consolidation/resubdivision by the
<br />Department the staff will take this list into account, and it will be used in determining
<br />conditions of approval for a subdivision. This is not a light duty thing. This is not
<br />mamby pamby. This is the real deal. I would like to see that section, that list taken out,
<br />that long-term list. It creates more problems than it solves. And it was out for a while
<br />but it got put back in by the Sunday at the park meeting, which concludes my testimony
<br />to you.
<br />We’ve come full circle. We were talking about public access, now we’re talking about
<br />cultural sites. If it’s up to the subcommittees of the action committee and there’s no
<br />Sunshine Law, there is no one to participate. You know, I can’t participate, I don’t get
<br />the notice. It’s all of very great concern to me, as is the Sunshine Law. One last example
<br />on a cultural site identification. Granted that the Courts have ruled that there is not a
<br />legal taking of property rights or landowner’s rights as long as something is left for the
<br />landowner to do with his property, i.e., 95 percent of the value could go away but 5
<br />percent could remain. My example for, and concern for cultural sites and for property
<br />th
<br />values and rights from March 19 is if you take a hypothetical one-acre parcel, it’s got a
<br />knoll, it has got a puka, a knoll and a depression. Somebody pays $100,000 for that acre
<br />and is going to build their house on a knoll. The Committee, oh, excuse me,
<br />subcommittee that meets with no Sunshine Law has determined that there’s a tail end of a
<br />Kohala Field System wall right on that knoll, just stuff that was covered with kikuyu
<br />grass. But son of a gun it’s there, it’s special and it needs a 100-foot buffer. That
<br /> EXHIBIT C
<br />6
<br />
<br />
|