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VICENTE: Well, 1 want to make sure I'm consistent and make sure you guys
<br />get the message.
<br />• RAY: Okay, I think we got the message. Any questions for Dwight?
<br />Okay, thank you.
<br />VICENTE: All right, thank you.
<br />RAY: Patrick and Harold.
<br />KAHAWAIOLA'A: Good evening, ladies and gentlemen of the Charter Commission.
<br />My name is Patrick Kahawaiola'a. I'm a Native Hawaiian as defined under the
<br />Hawaiian Homes Commission Act. I am here, this evening, per instructions our last
<br />appearance here, wherein the language, as we were asked, and it was suggested that
<br />we write, or submit to this body, the language that we believe would be
<br />appropriate for what we came forward the last time. And I hope I had made enough
<br />copies so that all of you at least received a copy of what we believe the language
<br />should be incorporated into your County Charter, that would deal specifically with our
<br />concerns, and how your Charter, as it stands right now, as far as we're concerned,
<br />does not address the problems that we, as Native Hawaiians, are having in dealing
<br />specifically, not in general, but specifically with the County of Hawaii. And we believe
<br />your County Charter is, as described within it's covers, the laws that govern how you
<br />operate as a local self-government. I would, as an example, before! end my part of
<br />this summation, is that within your Charter and your proposed recommendations, you
<br />have a section that is dealing with the Planning Department and, I would assume, new
<br />language that is underscored is what you want to include, 'the powers of the Planning
<br />Director with respect to subdivisions, zoning enforcement, variances or permits under
<br />the Zoning Code may be transferred to, or shared, with the Department of Public Works
<br />if so prescribed by ordinance'. And I would assume that ordinance would have to deal
<br />with the County Council having to come up with some kind of a legislative deal to so
<br />incorporate that, and then taken to the voters. However, the problem that I have with
<br />that, because I've made my fact known to the County Council, would be if we dealt with
<br />the Planning Department in by itself and the zoning, it is clear - it's an undisputed fact,
<br />that this County, without the jurisdiction, and I'm only basing on the Planning, has no
<br />jurisdiction to re -zone our land. So, if you're writing in your Charter that says this
<br />here's going to effect everything else, that's why our language, we believe, is
<br />appropriate, that because it's an Attorney General Opinion back in '69 that made it
<br />clear to this county - in fact it was filed in this county and the decision was rendered in
<br />72-21, that made it clear that this county does not have the right to re -zone Hawaiian
<br />home lands. So, if we were just to take that on its face, then this language would be
<br />everything except it wouldn't deal with Hawaiian home lands, thereby our reasons for
<br />submitting this type of language: And if there's anybody sitting on this County Charter
<br />that believes that the zoning laws apply, obviously it's not because it's there, and
<br />Virginia could attest to that. However, that is not why I'm here. I just happened to look
<br />at one of these, and within here was an example I thought I could be able to use to
<br />express to the members of this Commission that that's why we believe the language
<br />
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