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Home My WebLink AboutAGE PC 10/31/1995 1994-1996 21st SESSION AGENDA COMP7ITTEE ON PLANfJING Takashi Domingo, Chairperson Brian J. De Lima, Vice Chairperson James Arakaki Al Smith Keola Childs Jim Rath Keiko Bonk-Abramson, Ex-Officio Member r DATE: October 31, 1995 (Tuesday) PLACE: Councilroom _ TIPfE: 9:00 a.m. _ CALL TO ORDER STATEh1ENTS FROPf THE PUBLIC ON ITEMS ON THE AGENDA REFERRALS Comm. 748: KONA PARADISE PROPERTY OWNERS ASSOCIATION ('(1N CAT.T nATT(1N AND RESUBDIVISION From Corporation Counsel Richard D. Wurdeman, dated October 9, 1995, responding to an inquiry by the Council Chair of whether to seek a reversal of the stipulated settlement and order filed on September 11, 1990, in Kona Paradise Property Owners Association a~ v Paradise Incorporated et al Civil No. 87-479. Informs a reversal need not and should not be sought because the County was not ordered by the court to grant the parties the consolidation and resubdivision that they seek. Comm. 749: COMPLAINT REGARDING A SPECIAL PERMIT GRANTED BY THE STATE FOR A QUARRY ACROSS FROM HONOKOHAU HARBOR Copy of letter to Governor Ben Cayetano and Mayor Stephen Yamashiro, from Glen N. Felton, President, Kawaihae Concrete, dated October 2, 1995, regarding the above matter. States the granting of this special privilege violates his Hawaiian Homelands right to fair and equal treatment under the 14th amendment to the U.S. Constitution. PC-21 Page 2 October 31, 1995 UNFINISHED BUSINESS Bill 535: PROVIDES FOR PUBLIC ACCESS TO THE SHORELINE AND (C-3100) MOUNTAIN AREAS, HY ADDING A NEW CHAPTER TO THE (1992) HAWAII COUNTY CODE. Comm. 3307: From James S. Greenwell, President, Lanihau Partners (1992) L.P., dated February 3, 1992, regarding his concerns on Bill No. 535, Public Access to Mountain and Shoreline Areas. Comm. 3334: From Corporation Counsel Michael J. Matsukawa, dated (1992) February 15, 1992, commenting on Communication 3307. Comm. 339: From Mayor Stephen K. Yamashiro, dated April 17, 1995, transmitting a letter from Planning Commission Chairman Wilton K. Wong, forwarding an unfavorable recommendation, as recommended by the Planning Director, on Bill No. 535 relating to public access to the shoreline and mountain areas. Further, advises that two bills be drafted to deal with the separate areas of mountain and shoreline. Attaches the Planning Director's recommendation dated March 8, 1995, correspondence and hearing transcripts for information. Comm. 339.01: Copy of letter to Corporation Counsel Richard Wurdeman, from Councilman Keola Childs, dated May 26, 1995, requesting his opinion regarding concerns relating to shoreline access and mountain access and the adoption of a public access plan. Comm. 339.02: From Councilman Keola Childs, dated September 12, 1995, transmitting copy of a response to his questions from Deputy Corporation Counsel Frederick Giannini, dated August 25, 1995, about the possibility of drafting a shoreline and mountain access ordinance as required by HRS Section 46-6.5 which would be consistent with the current rulings by the United States Supreme Court concerning property regulations. States the requirements of the statute are constitutional and that the access bill should be enacted. Comm. 339.04: From PC Chair Takashi Domingo, dated September 19, (Bill 535, 1995, transmitting Bill No. 535, Draft 2, relating to Draft 2) public access to the shoreline and mountain areas. Comm. 339.05: From Mayor Stephen K. Yamashiro, dated October 4, 1995, transmitting comments, as requested by the Council, from Planning Director Virginia Goldstein, dated PC-21 Page 3 October 31, 1995 Comm. 339.05: October 2, 1995, on Bill No. 535, Draft 2, relating to (Cont'd) Public Access to the Shoreline and Mountain Areas. Comm. 324: From J. Curtis Tyler, III, dated March 29, 1995, transmitting a copy of his letter to Planning Commission Chairman Wilton Wong, commenting on Bill 535, which served as his testimony before the Planning Commission's March 30 meeting. NEW BUSINESS/STATEMENTS FROM THE PUBLIC/ADJOURNMENT (Anyone having a mobility, visual or hearing impairment which might require special assistance in attending this meeting is asked to call 961-8245 by October 27, 1995.) (Copies of this agenda and all communications are posted and filed at the County Clerk's Office in Hilo and the Office of the Mayor, Kailua-Kona. For further information, please call 961-8245. Those wishing to testify, please register with the County Clerk's staff prior to the convening of the meeting. if possible, submit fifteen (15) written copies of testimony to staff prior to the convening of the meeting.)