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Froeri: "Council Testimony" <counciltestimony@co.hawaii.hi.us>
To: hawaiicountycouncil@hotmail.com, lanimakamae@yahoo.com
Subject: FW: Bill 231 -Scenic Corridor Ordinance
Date: Wed, 20 Dec 2006 08:29:42 -1000
Fr®rYO: Charles Flaherty [mailto:oneheart@aloha.net]
Tuesday, December 19, 2006 11:19 PNl
°f®: counciltestimonyCa~co.hawaii.hi.us
Cc: Ford, Brenda; Pilago, K. Angel
~ubje~t: Bill 231 -Scenic Corridor Ordinance
Aloha nllr. Chair and members of the Hawaii County Council,
Item 4 of the Addendum to the Hokuli'a Settlement Agreement reads: "The transportation section of the County
General Plan states "Construct a scenic corridor from Keauhou above the Kealakekua cliffs to Napo'opo'o" as
both North and South Kona Courses of Action. Therefore, the County Administration at the request of the
Plaintiffs, shall work with the Plaintiffs to draft, introduce, and support legislation before the County Council that
would (1) allow for the designation of scenic corridors in the County, and (2) specifically designate the Bypass
Highway as a scenic corridor, except that portion of the bypass right-of-way passing through Hokuli'a.
Oceanside has not requested the County take the action described in the Section and does not waive any rights
it may have with respect to such actions."
The Administration and the Plaintiffs met in nay 2006 and reached agreement on draft legislation. I requested a
meeting in July 2006 to complete work. 1 received no response.
I notified ®ixie Kaetsu an September 15m that six month deadline to complete Item 4 had passed. Three days
later, the Planning ®irector transmitted a different bill, the bill now before you, to the Council Planning
Committee without consultation with the Plaintiffs. This bill requires a scenic corridor minimum length of three
miles.
The Planning ®epartment neglected to consider the General Plan requirement for designation of a scenic
corridor when it gave Hokuli'a Phase 1 subdivision approval in 1999. Concerned that this section of the 5.5-mile
Bypass Highway could become an interruption that would prevent scenic corridor designation, I asked the
Planning ®irector to remove the minimum length requirement. This has not been done as of yet.
Vlihile Hokuli'a has given me verbal assurances that they are willing to work with the County and the community
to designate the Hokuli'a portion of the Bypass Highway which runs through that project, this assurance is not a
COmml$ment In wri$ing.
Therefore, I am asking the Council to remove all minimum length requirement language from this and all future
proposed scenic corridor legislation.
As to whether the remainder of Bill 231 will allow for the designation of scenic corridors in this County, I cannot
give you an opinion.
It is my hope that the Council will refer this proposed legislation to County Clerk Casey Jarman for evaluation.
IVlahalo,
Charles Flaherty
Corvtrvr. N®.
Ref. To: ~
Ref. Gate 2 (j L00&
http://us.f507.inail.yahoo.corn/ym/ShowLetter?box=Inbox&MsgId=51 _23 32202_25178_... 12/20/200b