2003-09-11 tpuaanui - Laserfiche WebLink

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And if you look to the south, you will see another similar trail numbers of them to the north as well as further to the south. And I would, I thank the Director for making the suggestion that no disturbance occur. The information he received yesterday through my staff from Mr. trail has been bulldozed. I donÓt know that because I have not had an opportunity to visit it. But Mr. Fuke has represented that there will not be any disturbance. IÓm just reporting to you what I heard yesterday, what I believe, you know, has occurred in accordance with what I heard. Now it may be it was in juxta pos not actually on the trial, I donÓt know that. But this is a historical long-standing and obviously traditional and customary use trail, no question. And Mr. Inaba, IÓm sure his testimony would be well received, or that of his daughter, through his daughter would be well received by the State Historical Preservation Division. Certainly I would support him, having known that family all my life. So at the very least the condition that the Director proposes would be a minimum condition. I would caution this body to determine, as suggested by Mr. Inaba here, that a determination be made on whose property that is. Because if it is a 12-foot trail and it is government property, the 20-foot setback does not start from the northern boundary of the trail. It starts from the southern boundary of the trail. And itÓs very important to distinguish this before building activity commences, because there will be a significant difference, 12 feet, which I would regard as quite significant. And the map that Mr. Inaba gave to his daughter and spoke to my staff about on the telephone clearly shows a separate parcel, but I donÓt know this for a fact. So I would urge the Planning Department to, as Mr. Yuen has said, talk with Na Ala Hele, etc. The tax maps that I have in my office which are very old show all these trails in here, or most of them. So I would mention that. And, of course, the rezoning condition extension will come to the Council I understand that. And I want to thank Mrs. Kubota for her questions because, in deed, I think the memo from the Department of Public Works which Mrs. Kubota referred to in her first questions regarding this matter are on target. Because if one reads the 1991 ordinance one notices that certain things cannot take place until certain other things take place; and indeed the ordinance as it currently stands says that should these conditions not be met in a timely fashion, that the Director shall initiate rezoning. This is a major question, as some of you know, that the Council has been undergoing right now; weÓve been talking with the Deputy, with the Director. Some contain Ðshall,Ñ and the old ones contain Ðshall,Ñ and the new ones contain Ðmay.Ñ And so the Council is wrestling with this right now, whether or not youÓre aware of it, I know the Director is. And so the issue is, from my perspective, as one of your legislators, is have these conditions been fulfilled? And if they havenÓt, why havenÓt they been fulfilled? There was a question about occupancy permit not having been granted, the building permit not having been closed; and I donÓt know what the status of the annual progress reports are. And I will speak with Mr. Fuke. As I say, I just received this information this morning from my staff; and I thank the Planning Department staff for providing me 13