HomeMy WebLinkAboutCOM 0122.011 2022-2024 m�
From: Claudia Rohr
Sent: Friday, March 10, 2023 3:03 PM
To: Council Testimony °
Cc: Roth, Mitch D; Lee Loy, Sue; Strance, Elizabeth; Cutler, Maxine; Ventura, H ana; ry
Kimball, Heather '"
Subject: Testimony -RES 60-23 draft 2, Council meeting Agenda not yet published
Gear Mayor Mitch Roth, Chair Heather Kimball, Councilpers ,
County Council r -RES 60-23 draft 2 fails to protect significant habitat for endangered species reproducing on the
property, including a buffer zone. See March 7, 2023
written testimony in support by Kamala Anthony, p . 11 (photo of four new Nene goslings
hatched at Kau aui).
RES 60-23 draft 2 incorrectly references a citation to Hawaii County Code, Section 2-214.1(c) that
omits protection of significant habi s
The fund shall be used for acquiring lands or property entitlements in the County of
Hawaii for the following purposes:
(c) The fund shall be used for acquiring lands or property entitlements in the
County of Hawaii for the following purposes:
(1) Public outdoor recreation and education, including access to beaches
and mountains;
(2) Preservation of historic or culturally important land areas and sites;
(3) Protection of natural resources, including buffer zones;
(4) Preservation of forests, beaches, coastal areas, natural beauty and
agricultural lands; and
(5) Protection of watershed lands to preserve water quality and water
supply.
But, HCC, Section 2-214.1(c)(3) cannot trump the Charter, Section 10-15(c)(1) which states:
(c) Monies in this fund shall be used solely to:
(1) Purchase or otherwise acquire lands and easements in the County of Hawai 'i
for
public outdoor recreation and education, including:
(A) Access to beaches and mountains;
(B) Preservation of historic or culturally important land areas and sites;
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(C) Protection of natural resources, significant habi r eco-
systems, including buffer ;
(D) Preservation of forests, beaches, coastal areas, natural beauty and
agricultural lands; and
E) Protection of watershed lands to preserve water quality and water
supply.
Why HCC Section 2-214.1(c) (1) and the Charter, Section 1 -15(c)(1) are different, I do not know,
but RES 60-23 draft 2 must be amended to protect significant habitat for endangered species on
the property, including I offer zones, especially since this Resolution will increase intensity
use of the land and the ponds by humans that will harass endangered water birds in violation o
HRS Chapter 15D.
Thank you for your consideration.
Claudia Rohr
808-640-5926
D.
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From: Claudia Rohr
Sent: Tuesday, March 21, 2023 8:20 AM
To: Roth, Mitch D; Council Testimony
Cc: Cutler, Maxine;Ventura, Hamana
Subject: Council testimony Re: RESOLUTION 60-23 draft 2
Dear Mayor Mitch Roth, Chair Heather Kimball, Councilperson
County Council r -
would like this proposed conservation easement to be successful. I live next door to Kaumaui, subject of RES 60-23
draft 2.
(1) RES 60-23 draft 2 continues to be unconstitutionally vague as to how the CE will preserve and protect the attributes
listed in the Charter, Section 10-15(c)(1) that appear to conflict with use of the property for outdoor recreational and
educational programs for Hui Ho'oleimaluo, Ka 'Umeke Ka'eo PCS and other Hawaiian speaking public charter schools,
and HILT.
(2)Specifically, how does RES 60-23 draft 2 specifically preserve significant habitat for endangered species reproducing
on the property, including a buffer zone, and protect the natural beauty and open space that was present in 2021?
(3)-rhe Council is making an uninformed decision,without knowledge of the development which is planned,for the
people of the County of Hawaii.
(4) Put another way, without disclosure of the landowner's and Ka `Umeke Ka'eo Public Charter School's development
plans, how can the Council evaluate whether there is capacity left to preserve significant habitat for endangered species
reproducing on the property for future generations, including a buffer zone,to protect the natural beauty and open
space that was present in 2021 for the benefit of the people of the County of Hawaii?
(5) If the council approves RES 60-23 draft 2, appointing HILT as co-holder of the CE,the resolution will violate
the Hawaii County Charter, Section 10-15 (i), as a matter of
law. Moreover, Hawaii's higher courts have ruled that [the County] cannot
delegate its duty to monitor natural resource management to others under the public trust doctrine. HILT has a
conflict of interest in that it intends to offer Kaumaui educational opportunities to its paying membership.
(6)The conservation easement must clearly perpetuate part of the anchialine and fresh water ponds in their natural
state devoid of human recreational activities and intrusion as a buffer from development to protect the habitat of the
endemic wildlife living on the property, the natural beauty and open space.
Thank you for your consideration.
Claudia Rohr
808-640-5976
Sent from my Wad
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