|
denial of that; and with any application that is done in the advisory capacity, and it’s sent up to
<br />the Council with the Council making the final determination. And with any zoning or General
<br />Plan amendment or whatever land use issues and decisions you have to make, the final decision
<br />makers would be the County Council. So what we discuss from time to time and we reference to
<br />is something that is acted upon officially and is made law through ordinances, and that, which we
<br />must follow. So you know, that’s my understanding of the whole process in brief, and I just
<br />wanted to make myself clear as to what, how I’m looking at it. It all depends, it all starts with
<br />the community coming together and deciding what they want for that particular community, and
<br />that has to be effectuated through the amendment of the General Plan, and then you follow up
<br />with the Community Development Plan or some specific issues if you want concerning a
<br />particular parcel. Thank you, Mr. Chairman.
<br />GRAHAM: Okay. Could the applicant’s representative come forward, please? Good
<br />morning, Mr. Lim. Yes, please. Do you swear or affirm to tell the truth on this matter today
<br />before the Hawaii County Planning Commission?
<br />LIM: I do.
<br />GRAHAM: Thank you. And could you start with your name and address, and give us
<br />whatever presentation you would like?
<br />LIM: Sure. I’m Steven Lim representing Kohala, LLC, with the Carlsmith firm
<br />at P. O. Box 121 in Hilo. Basically what we are here for is, you know, we had an exchange of
<br />letters – I think the letters will speak for themselves – we obviously have a disagreement over,
<br />you know, how to interpret what happened. But I think, let’s move past that, I would like to
<br />th
<br />respond to the proposed date that the Planning Director is giving of January 11. I think what
<br />we are trying to accomplish – and you understand, I think, that this is a very serious matter for
<br />the landowner. We believe that it’s an unprecedented action – I’m sure the Planning Director
<br />disagrees – but you know, we’re looking at it, we are the ones in the gun sights right now. So
<br />what we are trying to do is to see if we can establish a procedure by which the applicant and the
<br />Planning Director will have time to prepare their legal memoranda, submit their proposed
<br />Findings of Fact, Conclusions of Law, Decision and Order, and then have the Commission have
<br />enough time to review those; and then we come back for a public hearing in which you would
<br />hear our arguments under Chapter 91, which with your review of the transcripts would then
<br />qualify all the Planning Commissioners to vote on the matter. That’s our intended goal. I, you
<br />th
<br />know, the Planning Director’s proposed continuance to the date of January 11 doesn’t let us do
<br />that. So what I was proposing, I would like to propose, is that the Commission adopt the
<br />following schedule: We would have the Kohala LLC legal memoranda and their proposed
<br />Findings of Fact, Conclusions of Law, Decision and Order submitted to the Commission and the
<br />thth
<br />Director no later than February 8 of this next year 2008; by Thursday (sic), February 29,
<br />which gives them almost a month, the Planning Director would submit any legal memoranda or
<br />any proposed Findings of Fact, Conclusions of Law, and Decision and Order that he wishes to
<br />propose – we still agree that the Planning Director’s background and recommendation can serve
<br />as that, if he wants to; by Friday, March 7, 2008, Kohala LLC would submit any rebuttal
<br />memoranda or comments on the proposed Findings that the Planning Director submits; and then
<br />we come back for the, what I believe to be the Planning Commission’s March 20, 2008, hearing
<br />in Kona; at that point we would argue the proposed Decision and Order, and the Planning
<br />Commission could then start to take final action on the matter. I think that gives everybody
<br />EXHIBIT A
<br />10
<br />
<br />
|