2018-04-12 Hearing Transcript - Hamakua CDP

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CLARKSON: Please, let's start on the, to my left. Please state your name, where you live, and if you're representing a larger entity and proceed. Thank you. CARVALHO: Mr. Chair and Members of the committee, I want to thank you for providing me with an opportunity to speak before you on this CDP. I had the honor of serving on the Steering Committee to represent and speak for the CLARKSON: —Sir, excuse me for interrupting. Could you just for the record state your name? CARVALHO: Oh, I'm sorry, Glenn Carvalho. I'm born and raised in Hilo, and I lived in Pepe`ekeo since 1974. I had the honor of serving on the Steering Committee to represent and speak for the residents of the district. However, I am presenting this testimony as a resident of the district. In answer to your question, there have been two prior planning meetings held—one in 1994 when the both plantations along the coast closed, and one again in 2000, which was hosted by the Hilo-Hamakua Community Development Corporation, a corporation that came out of the closing of the two plantations. It is estimated that both of these planning meetings, a thousand people attended. Some people stayed for the whole thing. Some people came and looked and moved on. This CDP that was presented to the Planning Department is similar. The results are similar to the two, the results of the two prior planning developments. I believe the Planning Department has a copy of what came out of the 2,000 plan. As we know, the Steering Committee first started in 2009, and after nine years of endless meetings, listening to testimony from the residents in the district and going over pages and pages of documents and maps, the Committee came up with a plan that reflects the wishes of the residents in this district. However, I have two concerns relating to the current amended version of the plan. The first is the changing of the word "shall" to "should," Policy 8 and 22. This is like changing a pit bull with a bark and bite to back it up to a Chihuahua with a yap and turns and runs away. This change does not reflect the residents of Hamakua wishes on what they want for our district. I want to point out that Black's Law Dictionary, the Centennial Edition page 1375, provides in relevant part that "should" has the invariable significance of excluding the idea of discretion and has a significance of operating to impose a duty which may be enforced particularly if public policy is in favor of this meaning. "Should" on the other hand does not express certainty, and I want to also mention that "should" in the Black's Law Dictionary now defines "should" as the past tense of "shall." My second concern is the Steering Committee was not given an opportunity to vote on the proposed changes made by the Planning Department. No one can, no Committee member or Planning Department member can testify that the Committee is in favor or against the proposed changes to the draft. The Planning Department EXHIBIT A 14