2017-06-01 Hearing Transcript - Kau CDP

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But, I think if you look at the CDP overall, there's much more than the quarter mile setback. It has to do with many other things that people brought up over the period of time. More police, better public safety functions, and so, I urge you guys to vote in favor of it. Thank you. HENKEL: Thank you, Ron. Commissioners, do we have any questions for the testifiers? With that then, we should close public testimony if there's a motion. MIYASATO: I make a motion to close public testimony. IKEDA: Second. HENKEL: It's been moved by Commissioner Miyasato, seconded by Commissioner Ikeda to close public testimony. All in favor say, "aye?" COMMISSIONERS: Aye. HENKEL: Opposed? Public testimony is closed. Is there any discussion and is there a motion for action? Yes, Mr. Clarkson. CLARKSON: I just want a little bit more clarification as to the legal effect on, of this document on land use regulations. I saw a lot of what Ron said. Designate, guide, but all the language about conflicting with the General Plan, I just want to verify that my impression that this is a recommendation from the community of Ka`u to the County Council that in and of itself, unless it's in its entirety or in part, incorporated into the County Code or General Plan, has no legal effect. Is that a wrong impression or is that a correct impression? HENKEL: Would you like to respond, Ron? WHITMORE (from audience): I can but Amy can shut me up at any point if she thinks what I say is inappropriate. WHITMORE: Actually, Christian, do me a favor? There's a document there. It's Appendix like V-1. So, that actually was our starting point before we started this whole process, right? Let's start off being very clear about the authority of CDP's, right? And, so one of the first things we did is put together this Appen—which is now Appendix, I think, one of the CDP which is not, not adopted as part of the CDP. It's a supporting document. So, we looked carefully at what the General Plan says; what the charter says; any related State statute or County Code, and at the time, what we also had was a memo from the Director. And, he wrote this at the tail end of the first round of CDP's. So, this is from May of 2008. And, he was speaking, he was, he crafted this in response to several queries from the initial set of steering committees at the time. Right? `Cause they had the same question. It's like what does this really mean, right? What is the legal effect of a CDP? And, so, he drafted this memo trying to respond to that question, and we, for the Ka`u CDP, drew on language from the General Plan, EXHIBIT C 11